When a loved one asked you to be the personal representative (executor) of their estate, you likely felt good that they trusted you with this responsibility – particularly if there were others they could have chosen. However, the job can feel like a thankless one when it comes time to do it.
It’s easy to feel like no one is happy. People (even your own family) may tell you – or at least strongly suggest – that you were the wrong choice and that you aren’t up to the task. It can seem like everyone wants you to get things done faster than is possible or that you aren’t legally able to do.
One or more heirs may even threaten to have you removed from the position. It’s important to know that heirs can’t just remove a personal representative (or administrator named by the deceased or assigned by the court) as long as they meet the legal requirements for the job (for example, being at least 18) and there’s no “cause” under the law for removal.
Grounds for removal under the law
Under Minnesota law, there’s only cause for removal if it’s “in the best interest of the estate,” if the personal representative is deemed “incapable of discharging the duties of office” or if they have done any of the following:
- Disregarded a court order
- Intentionally “misrepresented material facts in the proceedings leading to the appointment”
- “Mismanaged the estate or failed to perform any duty pertaining to the office”
If someone believes that there are grounds for removing a personal representative, they need to present evidence of that to the court. Only a probate judge can remove a personal representative unless they decide to step down from the job.
Administering an estate – even when there’s an estate plan – is never a job to be taken lightly. It can help to have sound legal guidance to help ensure that your loved one’s wishes are being honored and that everything is being done according to the law and as efficiently as possible. This can also help you deal with interference (well-meaning or not) from heirs and other beneficiaries.
