Being an executor (personal representative) for someone’s estate can be a thankless job. It may seem like everyone wants something from you and that no one thinks you’re doing things right.
Even if the deceased was a close loved one and the people constantly calling and texting are relatives, that doesn’t make it any easier. In fact, it can make things worse. Old sibling rivalries can resurface. Family friction that may have been kept at bay by living many miles apart may come spiraling back when people learn who is (or isn’t) getting what.
You may even have beneficiaries threatening to get you removed from your position as personal representative because they think they – or someone else – can do a better job. You know that your loved one thought carefully before choosing you, and you want to fulfill this responsibility in a way they’d be proud of. Do you need to worry about being removed?
What does Minnesota law say?
Minnesota law protects the wishes of people who designate a personal representative for their estate. As long as they meet the minimum requirements (like being at least 18), a probate judge can typically only remove them if they:
- Are “incapable of discharging the duties of office”
- “Mismanaged the estate or failed to perform any duty pertaining to the office”
- Intentionally “misrepresented material facts in the proceedings leading to the appointment”
- Disregarded a court order
A judge may also remove them if they determine it’s “in the best interest of the estate.” Note that a judge will require evidence of one or more of these things to be provided by those seeking the removal unless they determine themselves that removal is warranted.
Of course, as a personal representative, you have the right to give up the job if you believe it’s best for you, the estate and/or the family. However, you shouldn’t be bullied or threatened into stepping down.
Administering even a relatively small estate – especially when there are multiple beneficiaries – can be a difficult and stressful job. It can help to seek legal guidance to help you.