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On what grounds can you be removed as an executor of an estate?

On Behalf of | Jan 22, 2025 | Probate |

When you were asked by a family member or friend to be the executor of their estate, you were likely appreciative that they placed their faith in you. The reality of administering an estate, however, is often far more challenging than most people expected.

Even if the estate isn’t particularly large and complex and even if there’s an estate plan in place that allows some of the assets to avoid probate, there’s a lot of work to do. Further, you may be dealing with heirs (possibly your own relatives) and other beneficiaries who are demanding, impatient and critical.

Pressure from beneficiaries can make an executor’s job that much harder. If one or more are threatening to have you replaced, that will add stress and possibly leave you doubting your ability to do the job.

What does New Jersey law say?

That’s why it’s important to know that those with an interest in the estate can’t just get an executor removed without good reason. New Jersey law specifies the grounds on which the probate court can remove the named or appointed executor “for cause.” 

The court may remove a fiduciary from office when the fiduciary:

  • After receiving notice or a judgment “neglects or refuses, within the time fixed by the court, to file an inventory, render an account, or give security or additional security” or “to perform or obey the order or judgment within the time fixed by the court.”
  • Embezzles, wastes, or misapplies any part of the estate for which the fiduciary is responsible, or abuses the trust and confidence reposed in the fiduciary.
  •  Fails “to perform the required duties or to join with the other fiduciary or fiduciaries in the administration of the estate…whereby the proper administration and settlement of the estate is or may be hindered or prevented.”

Besides these failures in performing fiduciary duties, executors can also be removed if they’re not qualified or allowed by law to administer the estate. This may include incapacitation.

It takes more than someone believing you’re not qualified or not moving fast enough for their wishes to be removed as an executor. Nonetheless, it can always help to seek professional legal guidance to help ensure that you’re handling everything as expediently as possible and to help prevent costly and possibly legally compromising errors or omissions.

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