As mentioned before, removing an executor is possible if they’re not fulfilling their duties. However, it’s a step that should be considered carefully and be a last resort, since petitioning for removal will delay the probate process, cost money, and push back the distribution of the inheritance.
Before filing a petition to remove the executor and potentially taking legal action, it’s worth trying to talk with the executor in order to see whether the conflict is due to simple miscommunication and misunderstood expectations. However, if talking cannot resolve the problem, then you are within your right to petition the court to remove the executor.
Reasons why a court would approve the removal of an executor
Since an executor’s duties are so clearly established, it’s also pretty clear to identify when an executor isn’t complying with their duties and can be removed from their position. A court would approve the removal of an executor for the following reasons:
Gross misconduct. If an executor is using estate funds to pay for personal expenses, such as their own credit card debt, or their rent or holidays, then this is considered gross misconduct and calls for the immediate dismissal of the executor.
Failure to carry out executor duties. If an executor does not comply with their duties, such as applying for probate, submitting tax returns, and paying off creditors, then they may be removed.
Mismanagement of assets. An executor has the responsibility to care for the assets belonging to the estate while the estate is being settled. So if an executor doesn’t keep up with a home’s mortgage payment, allows it to fall into disrepair, or doesn’t keep it safe, then beneficiaries could successfully argue for the executor’s removal.
Conflict of interest. Let’s say an executor sells an estate’s real estate to themselves under market price, or the estate owes an executor money. These would be considered conflicts of interest and constitute grounds for removal.
As you can see, the executor-beneficiary dynamic isn’t always seamless. But at ClearEstate, we believe that harmony is possible. We promote transparent communication between beneficiaries and executors and ensure that all parties are empowered and aware of their rights. Curious? Get in touch with us for a free consultation to learn more.