Personal representatives or executors oversee estate administration. People with estate plans may choose their own personal representatives before they pass. Other times, the Nevada probate courts may appoint a competent adult to manage an estate.
In either scenario, the personal representative must fulfill their obligations, including their fiduciary duty to act in the best interests of estate beneficiaries or heirs. When those with an interest in the estate question the conduct of a personal representative, probate litigation to remove them might be necessary.
When is it possible to ask the courts to replace a personal representative?
After prolonged inaction
In some cases, personal representatives may procrastinate about critical probate obligations. They may fail to submit estate planning documents to the courts, communicate with creditors or secure estate resources. The failure to fulfill obligations can cost the estate money and could be grounds for the removal and replacement of the personal representative.
After a breach of fiduciary duty
In some cases, personal representatives engaged in misconduct that diminishes the value of an estate. They might hire their adult child’s business to manage estate resources at a price well over the market average or misappropriate resources for their own use.
Other times, a breach of fiduciary duty could occur due to incompetent asset management and confusion about personal responsibility. If a personal representative’s choices reduce the value of the estate, beneficiaries or heirs may have grounds to request their removal.
Reviewing the status of estate administration can help concerned parties evaluate their options. Probate litigation to remove a personal representative is occasionally necessary to protect the contents of an estate.