An executor is the individual responsible for asset distribution to the appropriate parties following the death of the person who’s estate is in question. The executor is responsible for the timely distribution of the assets in the estate to the appropriate parties. However, there are times when issues may arise related to the executor failing to properly execute their duties. Examples of these failures, as well as reasons an executor can be removed by the court, are examined in further detail below.
What Are Some Examples of an Executor Failing to Execute Their Duties?
There are several examples of an executor failing to perform their duties, which can lead to their removal from the role by the court. Some of these examples include:
- Theft of estate assets
- Not maintaining accurate records
- Not administering the estate in a timely manner
- Showing bias toward or against a particular beneficiary
Theft of estate assets
Under no circumstances can an executor take assets that are not intended for them from the estate. An executor has a duty to distribute all assets to the appropriate parties. Beyond removal, theft of estate assets could bring about criminal charges for the executor.
Not maintaining accurate records
The executor must maintain accurate records as part of their duties. Failure to do so can lead to removal by the court.
Not administering the estate in a timely manner
Failure to administer the estate in a timely manner is another reason an executor can be removed from their role. This is actually one of the most common reasons for which an executor is removed by the court.
While often complicated, it is the duty of the executor to distribute assets from the estate in a timely manner. Whether by intent or not, failure to do so could result in a beneficiary petitioning the court for removal. The court will then set deadlines for the executor to distribute the assets. If these deadlines are met, it is likely that the executor will get to remain in their role. However, should the executor still fail to meet these deadlines, they will likely be removed by the court.
Showing bias toward or against a particular beneficiary
As mentioned above, it is the responsibility of the executor to distribute the assets from the estate to the appropriate parties. Therefore, the distribution of these assets must be done in an unbiased manner. The executor cannot treat one beneficiary differently than the others. If it is proven that the executor is displaying bias toward a particular beneficiary, the executor may be removed by the court.
How Does the Executor Get Removed From Their Role?
Should any party have the necessary evidence that would be considered grounds for removal, this person must petition the probate court to remove the current executor from their role. If the court does indeed find that the executor is unfit for the role, a new executor will be selected to handle the distribution of the estate.
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