You may be able to remove an executor for an estate

You may be able to remove an executor for an estate

On Behalf of | Oct 13, 2021 | Probate And Estate Administration |

After the death of a beloved relative, you learned of the appointment of an acquaintance to administer your relative’s estate. Since that time, your concerns have only grown more urgent. You and your family may be worried that your relative’s estate has not been administered very well.

You may know that you need some form of proof to have the executor removed and a new one appointed.

Removal of an executor who may not be fulfilling their fiduciary duties

The proof you need should show that the current executor for your relative’s estate has failed to do their job. This means that the executor has “breached their fiduciary duty,” or failed to provide a complete accounting of the funds spent from the estate.

Your concerns may be valid. You may still have to have the proof that the executor has not entered financial transactions into their records.

What an executor is required to provide an account of their administration

Every executor in Mississippi is required by law to provide, under oath, a full accounting of their administration. This means they have to show every disbursement made. They are also required to list every item they paid for and the amount paid. All of this has to be supported by legal voucher. This accounting is also required to show every receipt of money made and their sources.

Failing to provide this accounting may be considered a breach of the administration bond. This means the executor may be removed.

If the executor does not provide annual accounts

The executor may be removed from their position and the court may appoint a new executor. However, the court may choose to extend the time for the annual accounting.