If you’re the heir or other beneficiary of a person’s estate, you may feel like you’re at the mercy of the estate’s executor (known in Minnesota as a personal representative). It’s not uncommon for beneficiaries to feel like the personal representative isn’t doing their job properly – or at least efficiently.
If you and the personal representative are close relatives, old resentments and conflicts can reemerge. You might feel like they aren’t equipped to handle the responsibilities of this job or even fear they aren’t going to disburse the assets as your loved one intended.
If you – and perhaps other heirs – are considering petitioning the probate court to have the personal representative removed and replaced, it’s critical to know that it isn’t easy. The law typically protects the deceased’s wishes unless a representative violates the law or they put the estate in jeopardy.
What does Minnesota law say?
As long as they meet the basic qualifications under Minnesota law (such as being at least 18) and did not intentionally “misrepresent material facts in the proceedings leading to the appointment” (if they were appointed by the court), you must have “cause” to get them removed.
Specifically, under the law, you must be able to show that they have done one or more of the following:
- Mismanaged the estate
- Not performed a “duty pertaining to the office.”
- Disregarded a court order
- Become “incapable of discharging the duties of office.”
Basically, if you’re seeking to have a personal representative removed, you must provide evidence that “removal is in the best interests of the estate.”
If a personal representative is in over their head, they might just need some professional assistance with managing the estate. A skilled legal team can provide that support. However, if you believe that they are doing something that isn’t legal or otherwise jeopardizing the assets in the estate and your loved one’s wishes, it’s smart to get experienced legal guidance as soon as possible to protect the estate and your stake in it.