There are many reasons to remove an executor of an estate, here is a list of some of the reasons to remove an executor:
- Self dealing
- Not notifying beneficiaries
- Not notifying creditors
- Not acting in good faith
- Not paying taxes
- Not paying debts
- Conflict of Interest
An executor of an estate must act prudently. Picture this: you recently lost a parent, and your sister became the executor of the will. Sadly, she’s improperly using estate assets like they are her own personal assets and transferring titles to properties into her name without being named as the recipient in the will.
Are there any options available to you and your other siblings that can restore justice by removing her from being an executor?
The answer is yes. When an executor fails to act in good faith when making decisions and distributions, beneficiaries can take action. In Arkansas, when an executor mismanages the estate’s assets you can file a removal action.
What is the Process for Removing an Executor in Arkansas?
The process requires filing a petition with the court, putting on sufficent evidence of the executor’s actions, having the executor removed, and asking the Court to appoint a new executor.
Who can remove an Executor of an Estate?
Any interested party can hire an estate litigation attorney to petition the court to have an executor removed. An experienced probate attorney will understand how a court decides to have an executor removed.
They will make sure to put on sufficient evidence of the gross mismanagement of the executors.
Who is an Interested Party in an Arkansas Probate?
Under Arkansas law, an interested party in a Probate includes heirs of the decedent, anyone who is a beneficiary under the will’s terms, and creditors of the estate.
What happens after the Executor’s Removal by the Probate Court?
The executor’s duties do not stop once they are removed. The previous executor of an estate owes fiduciary duties to the estate’s beneficiaries. The successor executor should still push forward and hold the executor accountable for the breach of any fiduciary duty before the executor removal.
Don’t expect the old executor to have a sudden change of heart just because they were removed as executor of an estate. Expect the executor’s bad actions continue to hinder the estate administration and rack up attorney fees.
Why is it important to remove an executor?
If the person in charge is not taking the executor’s responsibilities seriously, then the remaining property in the estate may disappear. The removal of an executor of an estate is highly important if you believe they are misappropriating funds.
If you are worried you do not have a valid reason to remove the executor and have an alternate executor appointed, feel free to set up a free strategy session with us and we can talk through it.
