If a relative or close friend has given you the responsibility of being personal representative (commonly known as executor) of their estate, you likely take that role and your obligations very seriously. Once they’ve passed away and it’s time to get to work, however, you may face a lot of questioning, nagging and second-guessing from the estate’s heirs and other beneficiaries.
Beneficiaries who aren’t happy with the speed at which things are progressing, the inheritance left to them or any other aspect of the estate’s administration may muse about, or outright threaten to petition for, your removal from the position. Some of those people may be your own family members who feel like they should have been chosen as executor or are convinced that you’re withholding or delaying their inheritance.
What does Indiana law say?
Threats of removal can make fulfilling your responsibilities even more challenging. What’s important to remember is that under Indiana law, removing a personal representative who meets the legal requirements for the job, including living in the state, requires proving that they are either “incapacitated” (physically or mentally) or “unsuitable or incapable of discharging the representative’s duties.”
Further, the law states that if a personal representative “has mismanaged the estate [or] failed to perform any duty imposed by law or by any lawful order of the court… the court may remove the representative….”
A petition for removal can be submitted by “any person interested in the estate.” A court may also “without motion, petition or application, for any such cause, in cases of emergency, remove such personal representative instantly without notice or citation.” A personal representative has the right to appear before the court and “show cause why [they] should not be removed.”
The best way to help ensure that you’re carrying out your responsibilities according to the law and to avoid a petition for removal is to get sound legal guidance as early as possible. This can also help you successfully tackle the job with which the deceased has entrusted you.