What to Do When the Executors of a Will Fail to Fulfil Their Duties

If the executors of a will fail to do their job, there are steps you can take to ensure your loved ones are taken care of.

Dave Kaplan Dave Kaplan
ARTICLE2 MIN READ
What to Do When the Executors of a Will Fail to Fulfil Their Duties

What happens if the executors of a will cannot do their job? This question often arises when there is a disagreement among executors about how an estate should be managed or if one of the executors dies or becomes incapacitated.

When this happens, it can be difficult to know what steps need to be taken to ensure that the estate is properly distributed. In this blog post, we will discuss what you can do if the executors of a will cannot fulfil their duties.

What happens when executors can't do their job?

If one or more of the executors can’t do their job, it is important to appoint a new executor as soon as possible. This can be done by contacting the probate court and appointing an executor.

If there is no will, the court will appoint an administrator to manage the estate. If there is a will, the court will appoint an executor to carry out the deceased's wishes.

If you are concerned that the executors are not managing the estate properly, you can contact the probate court and ask them to investigate. The court may order the executors to produce documents or accountings related to the estate.

If the executors are not complying with the order, they may be removed and replaced by another executor appointed by the court.

What happens when executors don't agree?

Executors can petition the court to mediate if there is disagreement about the will or how it should be executed, but this process takes time and money. The executors might also have to post a bond - an insurance policy that guarantees the executor's proper performance of their duties.

Here are a few things that can happen when executors don’t agree:

  • If executors can't agree on how the estate should be managed, they may have to go to probate court
  • This is a costly and time-consuming process, and it's best to seek legal counsel if there is a dispute among executors
  • For an executor to be removed from their position, they must be proven unfit or unable to fulfil their duties
  • If the executors are not complying with orders from the probate court, they may be removed from their position and replaced by another executor appointed by the court.​

It's important to remember that if there is a dispute among executors about how an estate should be managed, it is best to seek legal counsel this way, you can ensure that your rights and interests are protected.

Summary

If you are the executor of someone's will, it's your responsibility to carry out their wishes. Here is a quick summary of what to do when executors can't fulfil their responsibilities.

  • If one or more of the executors cannot do their job, it is important to appoint a new executor as soon as possible.
  • You can do this by contacting the probate court and appointing an executor.
  • If there is no will, the court will appoint an administrator to manage the estate.
  • If there is a will, the court will appoint an executor to carry out the deceased's wishes.
  • If you are concerned that the executors are not managing the estate properly, you can contact the probate court.

You don't want to be in a situation where the person who left behind no instructions or beneficiaries has assets that go unclaimed because they were never distributed according to their wish. Start writing your own Will with our online service and make sure everything gets done as expected.

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