If you were named the executor (personal representative) of a loved one’s estate when they created their estate plan, you know that they gave you an important job and a big responsibility.
Unfortunately, others in the family may not be so happy about it – especially if your loved one didn’t tell them about their decision while they were still alive. Even close relatives can turn against one another after a death when significant assets are involved, particularly if they think another family member has been favored over them.
You may even hear talk of getting you removed from your position the first time you don’t respond to an email or text as quickly as someone would like or when you have to deliver disappointing news about an inheritance.
What does California law say?
What’s critical to remember is that under California law, personal representatives can’t just be removed because someone is unhappy with them. As long as they meet the basic legal requirements, like being 18 or over and a U.S. resident, there generally needs to be a serious breach of their fiduciary duties for a probate court to remove them and appoint someone else.
For example, under the law, a personal representative can be removed if:
- They have “wrongfully neglected the estate” or “long neglected to perform any act as personal representative.”
- They have “wasted, embezzled, mismanaged, or committed a fraud on the estate.”
- Their removal is necessary for “protection of the estate or interested persons.”
It should be noted that if a personal representative was a business partner of the deceased, it’s easier for them to be removed. It may just take the objection of an “interested person.”
It can be challenging to do this job under the best of circumstances. When heirs and other beneficiaries (maybe even siblings and other close family) are threatening to file a petition with the court for removal, it’s important to know the law and your rights. Having sound legal guidance as you administer the estate can help you carry out the responsibilities entrusted to you.