Can a personal representative be removed?

On Behalf of | Nov 3, 2020 | Probate

As people in San Diego are aware no one lives forever. One of the unfortunate facts of life is that everyone will pass away. As people prepare for death there are many things they have to think about as people cannot take all the property and assets they acquired throughout their lives with them. They can do this by drafting wills, which allow them to dictate who will receive all of their belongings.

In addition to dictating who will receive their property wills also state who will be responsible for administering the estate through probate. This person is called the personal representative, commonly referred to as the executor of the will. This person will need to gather the assets and value them, pay debts of the estate, locate beneficiaries and keep accounting of the estate. These are very important responsibilities and sometimes the personal representative may abuse their authority or not perform the duties properly.

Reasons why a personal representative can be removed

Beneficiaries or other interested parties can petition the court to remove the personal representative in these situations. A hearing will be scheduled and at the hearing the person petitioning for the removal must state the reasons why the personal representative should be removed.

Reasons for removal are that the personal representative: wasted, embezzled or committed other acts of fraud; is not capable or unqualified; has neglected the estate and not performed the duties; it is necessary to protect the estate or other reasons provided by law.

Being a personal representative of an estate in the San Diego area can be a complicated and time-consuming job. However, it is important that it is done and done correctly. So, if a named personal representative is not performing the duties properly, they can be removed. The removal process is a complicated one though. Experienced attorneys understand the basis for removal and the process and could guide one through it.




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