Family estates often stir up strong feelings, and those feelings can boil over when the person in charge of the probate seems to be falling short. Massachusetts law does offer a path to change that leadership, yet the rules are strict, and the court will ask for solid proof.
At Casey Lundregan Burns, P.C., we have spent more than 90 years guiding families through these challenges across the Commonwealth.
Grounds for Removing an Executor
As a starting point, remember that Probate and Family Court will not remove a personal representative on a whim. The bench must see clear evidence that the estate, creditors, or heirs face harm if the current executor stays in place.
Statutory Basis for Removal
Massachusetts General Laws c. 190B, § 3-611 lays out the framework. Under this statute, any “person interested in the estate” may file a petition to remove an executor. Interested parties include heirs, beneficiaries, creditors, and even a co-executor whose duties are being blocked.
The court may suspend the executor during the case, appoint a temporary replacement, or grant any interim relief needed to protect estate property.
Reasons for Removal
While every case turns on its own facts, the same themes appear again and again. Below is a quick reference list you can compare to your own situation.
- Ignoring a court order: failure to obey deadlines, inventory rules, or distribution schedules.
- Incapacity: illness, advanced age, or other conditions that make the job impossible.
- Mismanagement: unpaid taxes, wasted assets, or careless recordkeeping.
- False statements during the appointment: withholding material facts or supplying misleading information when seeking the role.
- Conflict of interest: personal gain that competes with the estate’s welfare.
- Breach of fiduciary duty: self-dealing, taking excessive fees, or using estate funds for personal bills.
- Unreasonable delay: dragging the case out without just cause, leading to mounting costs or lost opportunities.
- Insolvency or other unfitness: personal bankruptcy, criminal behavior, or actions that erode confidence.
Proving any of these issues may open the door to removal of a personal representative, but stronger cases often involve a cluster of problems rather than a single complaint.
The Process of Removing an Executor
Knowing the legal grounds is only half the battle—you also need a roadmap for getting from suspicion to a court order.
Initial Steps
- Consult with an attorney: A seasoned probate litigator can review financial records, correspondence, and prior court filings to gauge the strength of your case. Early advice often saves both time and money.
- Demand letter: Before heading to court, many families send a formal letter asking the executor to resign or correct the problem. This document shows the judge you tried to solve matters outside litigation.
Filing a Petition for Removal
- Drafting and filing: The petition must outline the statutory grounds, attach supporting exhibits, and request relief such as suspension, removal, or surcharge of the executor.
- Gathering evidence: Bank statements, tax returns, emails, and affidavits from beneficiaries often form the backbone of the case. Written discovery and subpoenas may be used to fill any gaps.
- Discovery: If the executor contests the petition, the court may allow depositions, interrogatories, and document requests. Careful organization of this material can tip the scales during the hearing.
Court Hearing
- Preparing for the hearing: Your legal team arranges witnesses, prepares exhibits, and drafts a concise argument tying each fact to the statute.
- Presenting evidence and arguments: Testimony, financial ledgers, and prior court orders are introduced under oath, then woven together during closing remarks.
- Court decision: The judge will either dismiss the petition, issue a removal order, or impose lesser sanctions such as supervised administration.
Post-Removal
- Appointment of a successor executor: If the will names an alternate, that person usually steps in. Otherwise, the court appoints the next person in line under MGL c. 190B, § 3-203.
- Accounting: The outgoing executor must file a final account showing all income, expenses, and distributions up to the removal date. Failure to file can trigger contempt proceedings.
When Should You Consider Removing an Executor?
Pursuing removal is serious, so timing matters. In some estates, an executor might make a harmless mistake that can be fixed with guidance. In others, delay could drain value beyond repair.
Consider filing for removal when:
- The executor’s choices are eroding asset value or blocking proper distributions.
- Duties such as paying taxes, filing inventories, or keeping beneficiaries informed are repeatedly ignored.
- A personal benefit, such as purchasing estate property at a bargain price, clouds the executor’s judgment.
- Communication has broken down to the point where heirs receive no reliable updates or access to records.
If any of these warning signs resonate with your family, prompt legal advice can keep the estate on track.
Facing Estate Administration Challenges? Contact Us Today
For three generations, Casey Lundregan Burns, P.C., has helped Massachusetts families handle complex trust and estate disputes. Whether you are dealing with executor mismanagement, contested fees, or the need for a formal accounting, our firm brings experience and focus to protect your inheritance. We handle removal petitions, fiduciary surcharge actions, and more. Call 978-878-3519 or visit our Contact Us page to schedule a confidential consultation. Your family’s legacy deserves careful protection, and we are here to provide practical solutions and strong legal advocacy every step of the way.
The information in this post is not intended as legal advice or as a substitute for the particularized advice of counsel. For more information, please consult an attorney.