It’s not uncommon for heirs and other beneficiaries of an estate to be unhappy about a deceased loved one’s choice for executor (also known as a personal representative or administrator) of their estate. That can be especially true if they weren’t consulted or even told about the choice when the decedent was alive.
If that’s where you are now, you’re not alone. Even if an executor is a sibling or other family member, you may not feel they’re qualified to do the job, that they won’t put the necessary time and work into it or maybe even that they aren’t completely immune to the temptation to do something dishonestly to favor themselves or others in the family.
You may be considering taking steps to remove them from their position. It’s important to know, however, that it’s not easy. The law is set up to honor a decedent’s wishes (assuming the named executor meets the minimum qualifications, like being at least 18) unless an executor isn’t acting in the best interests of the estate and its beneficiaries. Even if a decedent didn’t name an executor so the court did, the same grounds for removing them apply.
What does Minnesota law consider “cause” for executor removal?
As noted, a probate court can remove an executor if they aren’t acting “in the best interests of the estate.” They can also be removed for any of the following reasons:
- They intentionally “misrepresented material facts in the proceedings leading to the appointment.”
- They are deemed “incapable of discharging the duties of office.”
- They have disregarded a court order.
- They have “mismanaged the estate or failed to perform any duty pertaining to the office.”
Anyone who petitions the court to have an executor removed must provide evidence that there’s cause for removal.
That doesn’t mean you don’t have a right to ask questions of an executor and ask to stay informed of their progress – unless doing so hinders their work. It’s certainly better to act before they’ve caused losses to the estate’s assets. It can help to have legal guidance if you believe you may need to petition to remove an executor.