The personal representative of an estate serves an important role as they are tasked with managing the administration of a decedent’s estate. This involves gathering and managing the assets of the estate, notifying creditors, paying valid debts of the estate, and more, all while upholding their fiduciary duties.
Not everyone is up to such a job and that can become painfully clear over the course of the probate process. When a personal representative fails in their job responsibilities, the probate process can slow or come to a screeching halt, among other negative impacts. In such a situation, is there anything to be done?
Types of Problems Caused By Irresponsible Representatives
There are a number of problems an irresponsible personal representative may cause for an estate in probate. They can make the process difficult on the beneficiaries and heirs. There can be a number of headaches needlessly caused and estate assets risked in the process. In such situations, there are a number of things that can happen.
How to Remove a Personal Representative in Probate Court
For starters, any interested party can petition the probate court for the removal of the personal representative. Interested persons include beneficiaries and heirs to the estate as well as creditors and other certain parties. Without a connection to the estate, however, you will not have legal standing to seek removal.
Once standing has been established, you can file a petition for removal with the probate court and have it served on the personal representative. You will need to be able to build your case and prepare to present evidence and testimony supporting the claims you are making against the personal representative. A hearing on the matter will be held, but it is not uncommon for a deal to be struck for the personal representative to step down prior to such a hearing.
Understanding Penalties and Remedies
Depending on the nature of the personal representatives wrongdoing, the court may penalize the personal representative by either lowering or denying compensation as well as replacing the personal representative with someone else. Furthermore, the personal representative may be ordered to pay for any damages they caused while operating in their official capacity. This may stem from a number of oversights and misconduct on the personal representative’s behalf, including:
- Mismanagement of estate assets
- Failure to collect on claims and money due to the estate
- Overpayment of outstanding creditor claims
- Selling assets below their appropriate value
- Selling assets without authority
- Failure to file tax returns in a timely manner
- Distributing property to the incorrect beneficiaries
- Distributing property prior to the payment of creditors
Contact An Estate Planning Attorney
Not all reasons for disliking the personal representative of an estate are enough to merit their removal from this role, but there are certainly a number of reasons that would justify the court taking such action. If you are having doubts about the personal representative of a loved one’s estate, do not hesitate to reach out to the team at Monk Law for assistance. Contact Monk Law today.