If you were chosen by a relative or friend to be the executor (known as personal representative in Massachusetts) of their estate, it’s likely because they trusted you and had confidence in you to be able to handle the job and all the responsibilities it entails. They likely also trusted you to have the people skills to deal with family members and other beneficiaries in a compassionate yet firm manner to help ensure that their wishes as detailed in their estate plan were carried out.
Unfortunately, that doesn’t guarantee that the deceased’s family (even if they’re also your family) will feel the same way. There may be family members who think they should have been chosen for the position. Some may even think you’re trying to delay or withhold their inheritance. Others, even if they didn’t want the job, may think they can do it better and second-guess you at every turn.
There may be talk or even threats of removing you as executor. Can they do that?
Grounds for removal
It’s important to know that a probate court won’t remove a personal representative without cause. As long as they’re at least 18, any “person interested in the estate” can only seek their removal if they’ve engaged in wrongdoing or if a judge finds that their appointment is “contrary to the best interests of the estate.”
For someone to seek a personal representative’s removal, they must prove at least one of the following regarding the personal representative:
- They’re “incapable of discharging the duties of the office.”
- They “mismanaged the estate or failed to perform any duty pertaining to the office.”
- They disregarded a court order.
- “Intentionally misrepresented material facts in the proceedings leading to appointment.”
As a personal representative, you can always benefit from having legal guidance as you go about administering an estate. This can help ensure that you’re doing things according to the law and the decedent’s wishes. It can also help prevent or at least help deal with challenges to your authority.
