Many adults spend time deciding who should oversee their estate when they die. They may select someone based on their personality and their personal history. Of course, people might die without naming they might die without a will at all, or they might name someone who is unwilling or unable to fulfill that responsibility when the time comes.
Whether the personal representative administering an estate is someone directly selected by the testator or an individual appointed by the California probate courts, they have a fiduciary duty to the estate and its beneficiaries. It is their obligation to act in the best interests of those who should receive property from the estate. In some cases, family members of the deceased or beneficiaries expecting to inherit from an estate may question the actions of a personal representative.
When is it possible to remove a personal representative from their position?
When they have embezzled from the estate
In scenarios involving financial misconduct, family members and beneficiaries can ask the probate courts to remove a personal representative from their position. Any provable claims of asset misappropriation or self-dealing might justify the removal of a personal representative.
When they become incapable of estate administration
Some people are ethical and responsible enough to handle estate administration. However, circumstances outside of their control affect their ability to do their job. Perhaps they end up incapacitated in the hospital. Perhaps their financial circumstances spiral out of control. Someone dealing with extreme personal hardship, medical issues or incarceration is likely incapable of administering an estate. The California probate courts can remove them from their role when they become incapable of fulfilling it.
When they fail to act
One of the most common reasons families remove personal representatives is that they don’t do their job. The failure to initiate probate proceedings, secure assets and properly manage the probate process could lead to litigation intended to remove a personal representative.
Particularly when inaction or mismanagement of assets has reduced what an estate is worth, it may be possible to seek the removal of a personal representative. Filing a probate lawsuit is sometimes the best way to prevent the loss or misuse of estate resources. Those who remove a personal representative before they do much harm are in the strongest possible position to preserve a loved one’s legacy.