If a loved one who has passed away named another family member or maybe a close friend or colleague to be the personal representative (executor) of their estate, you and the other beneficiaries depend on them to handle the job responsibly, efficiently and ethically.
There may be considerable assets on the line, including sentimental ones (like the home you grew up in and family heirlooms) as well as highly valuable ones (like your loved one’s retirement and investment accounts). Some of those assets may have been left to you.
You’re understandably concerned if the probate process is moving slowly. That’s especially true if your deceased family member took care to keep as many assets out of probate as possible.
It’s not unusual for heirs and other beneficiaries to be so frustrated with the way things are moving that they consider petitioning the probate court to remove the executor from their position – even if it’s someone close to them. Often, people feel they have valid concerns about a person’s trustworthiness or competence.
What does Massachusetts law say?
Under Massachusetts law, an executor can’t be removed without cause as long as they meet the basic requirements (for example, being at least 18). Specifically, a “person interested in the estate” (generally one who stands to benefit from it) can petition for removal for one or more of the following reasons:
- They “intentionally misrepresented material facts in the proceedings leading to appointment.”
- They are “incapable of discharging the duties of the office.”
- They have “mismanaged the estate or failed to perform any duty pertaining to the office.”
- They disregarded a court order.
The reason for these strict requirements is that the instructions people provide in their estate plan are supposed to be honored unless they are illegal or unreasonable given the present circumstances. For example, maybe someone designated their surviving spouse to be their executor, but that spouse is now elderly and simply unable to do the job, even though they want to.
If you believe that a loved one’s designated personal representative needs to be removed and replaced, it’s wise to act as soon as possible – especially if there’s a concern that assets may be lost or stolen or fines and penalties may eat away at them. Getting legal guidance is a good first step if you’re considering this action.
