Estate administration is a very complicated and potentially messy process. The personal representative of a Minnesota estate has to take physical control of certain assets. They have to properly manage resources ranging from investment accounts to real estate.
They must attend probate proceedings and communicate with creditors. The entire process often takes a year or even longer to complete, and the compensation provided by the estate is often minimal given the amount of labor and stress involved in estate administration.
Most families are grateful that there is someone who steps up into the role of personal representative or that the decedent selected a personal representative before their passing. Unfortunately, some families reach the conclusion that the person overseeing estate administration for a loved one should not have that responsibility.
How can concerned family members, heirs or beneficiaries remove and replace a personal representative?
With a difficult conversation
Sometimes, the individual named as the personal representative of the estate acknowledges that they do not have the time or capacity to fulfill their responsibilities. They may have agreed initially, only to have become so overwhelmed that they could not fulfill all of their obligations.
Concerned parties with an interest in the estate can discuss issues with inaction or dwindling estate resources with the personal representative. They do have the option of voluntarily stepping down in scenarios where they cannot reasonably fulfill their responsibilities. However, not everyone who struggles with the obligations of estate administration chooses to step down voluntarily. If people do not wish to give up their authority, then litigation may be necessary.
With a probate lawsuit
Probate litigation sometimes focuses on the documents and other times on the actions of the personal representative. If a personal representative has harmed the estate, people can seek their removal. In scenarios where a personal representative has proven incompetent or unethical, beneficiaries and others with an interest in the estate could pursue probate litigation.
Provided that there is evidence of someone mismanaging estate resources, embezzling or failing to take necessary steps, the Minnesota probate courts may agree to remove them from their position and appoint someone else to that role.
If probate litigation becomes necessary, concerned family members and beneficiaries often need assistance navigating that process. Obtaining proper support and learning more about Minnesota law can help families protect the legacy of someone who recently passed from damage caused by an unethical or incompetent personal representative.