A loved one passed away recently, and their estate is in probate. That process is being managed by the estate’s executor (known under the law as the “personal representative” of the estate), whom your loved one designated in their estate plan or the court appointed. Regardless of which way they got the position, you may not be happy with the way they’re handling things. You may, in fact, feel they’re wholly unqualified for the job – even if they’re your sibling, parent or other close family member.
If you are an heir or beneficiary to the estate yourself, can you petition (perhaps along with one or more heirs or other beneficiaries) to get them removed? You can — but not just because you think they’re disorganized, moving too slowly or not responding to your texts and emails quickly enough. You need “cause.”
How does Minnesota law define “cause?”
Minnesota law states, “Cause for removal exists when removal is in the best interests of the estate” or if the personal representative has done any of the following:
- Intentionally “misrepresented material facts in the proceedings leading to the appointment”
- “Mismanaged the estate or failed to perform any duty pertaining to the office”
- Disregarded a court order
- Proven to be “incapable of discharging the duties of office”
If you believe that one or more of these is the case, you’ll need to prove it to a probate judge. That includes presenting clear-cut examples and evidence. You’ll need to show how their actions or inaction have harmed you, other beneficiaries and/or the estate itself. A probate judge can also remove a personal representative if they find cause. They can do this even if a beneficiary hasn’t petitioned for the removal.
If your loved one designated an alternate to their first choice for personal representative, that person will likely take over the job if the original one is removed or resigns from the position. That’s something to keep in mind if you’re considering taking action.
If you believe that you have cause for seeking the removal of a personal representative for an estate in which you have an interest as a beneficiary, the best first step is to get legal guidance. This can help you determine whether cause exists under the law and, if it does, help you present a strong case to the court.
