The aftermath of a loved one’s death can be a time of grief, disorientation and anxiety. It can be made worse if the person that the loved one chose to be the executor of their estate (or the person appointed by the probate court if there wasn’t one designated) doesn’t appear to be handling things properly.
Beneficiaries of an estate often don’t know when an executor has crossed a line from simply not being very good at handling this job to demonstrating grounds for removal from their responsibilities by the probate court.
What does the law say?
New Jersey law states that a probate court can remove a named or appointed executor (or anyone in a fiduciary capacity, such as a trustee) “for cause.” For example, a fiduciary may be removed if that person:
- “Neglects or refuses to proceed with the administration of the estate and perform the duties required…. to file an inventory, render an account, or give security or additional security” or “perform or obey the order or judgment within the time fixed by the court”
- Fails “to perform the required duties or to join with the other fiduciary or fiduciaries in the administration of the estate…whereby the proper administration and settlement of the estate is or may be hindered or prevented”
- “Embezzles, wastes, or misapplies any part of the estate for which the fiduciary is responsible, or abuses the trust and confidence reposed in the fiduciary ”
An executor or other fiduciary can also be removed if they don’t reside or have a business in New Jersey, are determined to be incapacitated or otherwise don’t meet the legal requirements.
If you believe you have grounds for the executor of an estate in which you have an interest (such as being an heir or other beneficiary) to be removed, you’ll have to make your case to the court. The best first step is to get sound legal guidance.