An executor of a will is someone who manages the estate of a person who passes away. An executor is typically appointed in the will by the deceased person.
Serving as an executor involves responsibility, organization and planning. The executor must gather and distribute estate assets, notify heirs and creditors, pay estate debts, file a tax return for the estate and close out the estate.
Signs to watch for
An executor normally gets paid for performing these duties and is expected to comply with all requirements efficiently. Sometimes an estate executor stops performing their duties or fails to complete the proper steps, leaving the heirs and beneficiaries waiting.
Other times there are concerns that an executor is taking the estate funds and assets for themselves, depleting or squandering the assets for the rightful heirs. If you are an heir who is unhappy with an estate executor, what can you do about it?
You can file a petition to remove an executor. Ohio law allows the probate court to remove an executor.
Grounds for executor removal
An executor can be removed if you show that they can no longer take on the role due to death or unavailability, they fail to perform their duties under the will, they do not act in the best interest of the estate or there is a conflict between the executor and heirs and beneficiaries.
You must submit evidence for removal. Examples of evidence include incomplete or incorrect estate documentation, proof of missed deadlines or lack of communication between an executor and heirs or beneficiaries.
Consider sending a demand letter first
Before filing a petition to remove an executor, it might save you time and money to send a formal demand letter to the executor. The letter reminds the executor of their legal obligations and duties and reminds them to competently perform these duties or face additional consequences.
A demand letter does not always work. If a letter is not successful, it may be time to file a petition for removal.