Removal of a personal representative
A personal representative, also known as executor, is a person who is charged with the responsibility of administering a decedent’s estate. They have the responsibility to
- collect and inventory the deceased’s assets
- manage the property
- pay the debts
- distribute property according the person’s Last Will and Testament
Connecticut law sets out strict time standards by which various steps in estate administration must be completed by the executor.
The administration of an estate can sometimes be a difficult and tedious process, which is further aggravated when the ever-present emotional aspects continue to linger, especially among heirs who have lost a loved-one.
Nevertheless, executors are bound to their statutory duties to properly administer the estate in the best interest of the beneficiaries and the estate’s creditors, if any, and to do so within the time frame set forth by Connecticut law.
However, conflicts sometimes arise between the executor and the beneficiaries of that estate, or the executor unduly drags out the process.
Perhaps the executor is alleged to be operating under a conflict of interest, improperly personally benefiting from the property of the estate, or is simply not carrying out their duties in a timely fashion.
What happens when that duty is breached or there appears to be a clear conflict between the executor and a beneficiary?
The available remedies are determined on a case-by-case basis and may include having the court remove the executor and appoint someone else to finish the job. As there is not a strict, exclusive list as to whether grounds for removal of an executor exist, it is always best to consult with us in assessing the propriety of a executor’s appointment and conduct and what grounds exist to seek removal.
If you have questions about the removal of a personal representative,
contact us today.