Maybe you were chosen by a loved one to be the personal representative (executor) of their estate because they believed in your business savvy. Perhaps a probate court named you because your loved one didn’t name anyone in an estate planning document before they passed away and you seemed to be a particularly responsible choice. But, whomever selected you likely believed that you had the necessary skills to handle this important responsibility one way or another.
That doesn’t mean it’s going to be easy or that everyone – even some in your own family – will be happy with how you’re carrying out your duties. You may be a boss at work, but that doesn’t mean that your siblings or other relatives and even non-family beneficiaries will follow your lead. One or more heirs may even threaten to get you removed from your assigned role. That’s one reason why it’s important to know that a personal representative can’t be removed just because one or more interested parties don’t like the way that they’re doing things.
What are grounds for removal under Minnesota law?
Under state law, a personal representative can only be removed by a probate court if they’re found to be “incapable of discharging the duties of office,” if their removal is determined to be “in the best interest of the estate” or if they’ve done one or more of the following:
- Intentionally “misrepresented material facts in the proceedings leading to the appointment”
- “Mismanaged the estate or failed to perform any duty pertaining to the office”
- Disregarded a court order
If one or more heirs or other beneficiaries believe that a personal representative should be removed for any of the above reasons, they need to present evidence of their wrongdoing to a probate judge, who will then make the decision. A judge can also make that decision on their own if there are particularly pressing legal grounds to do so.
It may help to use your managerial skills to talk with anyone who has expressed unhappiness with how you’re administering an estate to discuss – to the extent they’re allowed to have access to certain information – what the necessary steps are and how you’re taking them.
There’s a lot more to administering an estate than most people realize – especially if the deceased didn’t take steps to keep their estate out of probate. Getting sound estate administration guidance can also help you handle this job as efficiently as possible and avoid legal issues when possible.