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Is the executor performing their duties as required?

On Behalf of | Jul 5, 2024 | ESTATE ADMINISTRATION

As the beneficiary of an estate, you depend on the competence of the estate’s executor (personal representative). If they fail to perform their duties as required, you and other interested parties may incur losses.

Here is what to know about this matter:

When an executor breaches their duties 

How can you tell if an executor is not serving in the estate’s best interest? 

To know this, you need to understand their responsibilities. These include finding the will, getting certified copies of the decedent’s death certificate, figuring out the estate’s heirs/beneficiaries, keeping interested parties adequately informed and managing properties before distribution, among others. When you know what they are required to do, you can tell when they have failed in their duties. 

For example, you should be concerned when an executor is not communicating with you to ensure you are adequately informed about the estate. 

What can you do?

If you believe the executor has failed to perform their duties as required, you need to raise the matter with the court. The court will gather more information about the case. If they verify the executor is not acting in the best interest of the estate, they can lower or deny their compensation and replace them with someone else. In some cases, the court may even order them to pay for any damages caused, for example, if they were overpaying creditors or improperly managing assets.

You can remove an estate’s executor if they fail to serve competently. Learn more about the steps to take to protect your loved one’s wishes.