Is it possible to remove a personal representative?

| Dec 14, 2020 | Estate Planning |

When a loved one has passed, it’s necessary to administer the estate according to the plan. The person responsible for the estate administration is known as a personal representative. Typically, the personal representative will be named in a person’s will, although the court may appoint a personal representative if no one is identified in the estate plan.

Sometimes referred to as the executor of an estate, the personal representative is tasked with gathering assets, determining their value, paying any outstanding debts, locating beneficiaries and keeping up a general accounting of the estate.

These are important responsibilities. Sometimes, a personal representative will fail to carry out their duties according to the law. Other times, they may seek to abuse their authority for personal gain. This often leads to legal disputes. In some cases, it may be necessary to remove the personal representative and designate a new person to carry out the administration of the estate.

Situations where a personal representative may be removed

You can’t remove a personal representative just because you don’t like the person. A personal representative may only be removed for certain reasons, including:

  • Embezzlement
  • Fraud
  • Neglecting to perform their duties
  • Removal is necessary to protect the estate

You can request removal in certain situations. Other times, the probate court may take its own action to remove a personal representative.

The job of a personal representative is no small task. Estate administration duties can be complex. The removal process is also complicated. You should discuss any concerns you may have with a skilled legal professional. Together, you can determine the best way to help resolve estate disputes.