Many people who are named as personal representative (often known as “executor”) of a loved one or close friend’s estate don’t anticipate just how complicated it can be. Even relatively small estates can present complications – particularly if the deceased’s estate planning was haphazard.
Many of these complications come from beneficiaries (sometimes the personal representative’s own relatives) who aren’t happy with how the probate process is moving along. They may be unhappy with the details of the will and other estate plan documents, but have no one to take it out on but the person who’s simply trying to administer the estate.
The personal representative may find themself facing threats of removal from their position. That will add anxiety to an already stressful time.
What does Indiana law say?
What’s important to know is that under Indiana law, a personal representative can typically only be removed for egregious and/or illegal activity. An exception would be if they’re determined to be mentally or physically incapacitated or “unsuitable or incapable of discharging the representative’s duties.” However, that doesn’t mean that anyone with a physical or mental disability can’t be a personal representative as long as they can handle the job.
On the other hand, maybe someone chose their spouse to be their executor, but by the time they passed away, that spouse was simply too old and frail to handle the responsibilities.
Indiana law states that a court may remove a personal representative if they have:
- “Mismanaged the estate”
- “Failed to perform any duty imposed by law or by any lawful order of the court”
- “Ceased to be domiciled in Indiana”
The law allows “any person interested in the estate” to file a petition for removal. The court may also choose to remove a personal representative from their position without a petition from anyone. It’s important to know that if a personal representative believes they have a right to remain in their position, they can go to court to “show cause why [they] should not be removed.”
A good way to avoid this kind of drama – and potential criminal charges for inadvertently doing something illegal with the estate’s assets or failing to fulfill the obligations of the estate – is to get experienced legal guidance at the beginning to help ensure that the estate is administered correctly and efficiently.
