Ohio probate law allows you to choose an executor when setting up your estate plan. An executor is someone who manages your estate after you pass away.
An executor has many responsibilities, including identifying assets and distributing them to heirs, paying debts and potentially fling taxes. An executor should be someone you trust to handle these responsibilities and believe is capable, honest and loyal.
Sometimes an executor fails in these duties. Your family members or beneficiaries can typically challenge the executor’s management of the estate by filing a petition to remove the executor with the probate court, but they must have a valid reason for the removal petition.
Breach of fiduciary duty
One of the most common reasons is a failure of the executor to fulfill their fiduciary duty to the estate. This means the executor has a duty to put the best interests of the estate above their own personal interests. Taking funds from the estate for personal use is an example of a breach of fiduciary duty.
Neglecting their responsibilities as executor is another reason to file to remove an executor. Estate administration requires filing certain documents with the court within specific deadlines.
Executors also have other duties, such as communicating with heirs and notifying creditors. Failing to take the proper steps can result in the heirs receiving less than they should from the estate. This is usually viewed as a valid reason to remove an executor.
An unqualified executor
Sometimes an executor is removed not because of anything they intentionally did wrong or failed to do but simply because they are not up to the challenge of serving as an executor. Administering an estate can be complex and requires good organization skills and the ability to invest time and resources into the process.
It is important to recognize when removing an executor may be best for the estate. A good executor can ensure that your heirs receive their rightful inheritance and your wishes are upheld.