COVID-19 NOTICE: WE ARE OPEN FOR BUSINESS AND ARE DEEMED ESSENTIAL BY THE STATE OF MINNESOTA.

We are working remotely and all of us continue to be available by telephone or email. In alignment with national, state and local initiatives as it relates to the coronavirus, we remain open for business and have changed the way we are working for the health and well-being of our employees, and you, our valued clients and colleagues. Read more

Mason & Helmers
We Welcome Your Call
  • Phone 651-323-2548
  • Toll Free 877-389-5533

How to remove a personal representative of an estate

It is difficult to manage your emotions and legal matters after a loved one passes away. However, you expect the personal representative of the estate to handle things with integrity and honesty. Unfortunately, some personal representatives do not fulfill their obligations. 

Personal representatives, sometimes known as executors or administrators, have specific duties. If the personal representative in your situation is not adhering to these responsibilities, you may be able to remove him or her. Here is how to remove a personal representative who is violating his or her fiduciary duty. 

Committing misconduct or showcasing incompetence

The probate court may replace the executor if he or she is incompetent or dishonest. Some reasons the court may remove a representative include the following:

  • Mismanaging estate property
  • Failing to account for assets
  • Using estate money for personal purposes
  • Failing to comply with a court order

According to Minnesota law, removal is warranted when it is in the best interests of the estate and beneficiaries. 

Filing a petition for removal

If you are an heir to the estate and have concerns about the executor, you can submit a petition for removal to the probate court. When you file the petition, the court will determine when and where a hearing will take place. 

Naming a new personal representative 

If the court removes the personal representative, it will need to appoint another one. Hopefully, the will includes a successor representative. If the court does not name an alternate person, the court will choose someone else, such as a surviving spouse, adult children or family members. 

It is troubling to learn that a personal representative is not handling an estate properly. You may feel like this person is betraying your loved one and your family. If you feel like the executor is not suitable for the position, you may want to pursue removal.

No Comments

Leave a comment
Comment Information

For Assistance with Estate Disputes & Other Matters, Contact Us

To learn more about the firm and how we can assist you,
contact Mason & Helmers in St. Paul, Minnesota. Call 651-323-2548 or 877-389-5533 (toll free) to set up an appointment.

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review
rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories — legal ability and general ethical standards.

Contact Our Attorneys

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Email Us For A Response
Mason & Helmers

Mason & Helmers
332 Minnesota Street
Suite W-3070
St. Paul, MN 55101

Toll Free: 877-389-5533
Phone: 651-323-2548
St. Paul Law Office Map