Executor of an Estate Not Performing Duties? What You Can Do

The period of time immediately after the death of a loved one is always difficult, and never more so than for the executor of the deceased’s will. Alongside the grief they feel, they must also carry out a number of administrative functions from registering the death, to distributing the estate according to the provisions of a will.

If you are not the executor, it can be extremely frustrating when things don’t seem to be moving quickly enough. There are often delays in the process over which an executor may not have control, and it is important to be patient while an estate is being distributed, even if you are eager to move on from this difficult period of your life. 

However, in some cases, executors completely fail to undertake their duties effectively. This is different from delays - some executors simply avoid the responsibility and this can make the probate process drag on for much longer than it needs to. In turn, this can prevent people from moving on from the death of their loved one and delay them the closure that they need.

If you have found the executor of an estate not performing duties correctly, or at all, there is a legal process through which you can address this problem. Here, the contentious probate solicitors at JMW will explain what you can do when an executor is failing in their responsibilities to the estate, and how you can resolve the problem amicably while bringing probate procedures to their conclusion as quickly as possible.

Read about if an executor can challenge a will.

How to prove an executor of an estate is not performing duties

Usually, administration of an estate can take up to a year, or even longer with larger or more complex estates. The executor must apply for a grant of probate, which can take up to several months to be issued, and only after this point can they begin to administer the estate properly. It will usually take at least six months after this point to fully distribute any gifts, and may take longer depending on the nature of the estate - for example, if gifts depend on estate assets being sold, if there are outstanding debts that need to be managed and settled first, or if inheritance tax is due on the estate. 

There are many responsibilities an executor must carry to ensure the deceased's assets and estate are properly administered, so if you feel that an executor is being negligent in their duties, you must give them enough time to reasonably make progress before lodging a complaint against them.

However, if you feel that the executor is failing to share relevant information with you, is taking too long to manage the deceased's estate or is causing delays, or is selling assets below their value, you can sometimes take action to have them removed from their position administering the estate.

Can you remove an executor from an estate?

It is possible to forcibly remove an executor from managing an estate in certain circumstances, but it is not always the easiest option to take. In fact, sometimes when an executor of an estate is not performing their duties, it is because they regret taking on the responsibility or do not have the appropriate administrative skills to do a good job.

As a first point of action, it is often worthwhile to speak to them directly about your concerns, and they may even agree to step down:

• If they have not yet taken any steps in the estate, they can formally renounce their position as executor, or appoint someone else to apply for probate on their behalf if they have not yet taken this step. 
• If the person was the only executor named in the will, and they step down, you may be in a position to petition the court to become the new executor yourself. It is often best to have a legal professional help you to manage these processes in order to make sure you are able to achieve your desired outcome.

If the executor is not willing to step down, another option is mediation, which means conducting negotiations between you and the executor through a neutral third party, who can help to ensure that the probate process reaches the best possible outcome for everyone. As a result of this, you may agree on what steps will be carried out and when, and may reach an agreement on how often you are updated on the process. If the executor is not amenable to a mediation process, you may have no other choice but to pursue legal action against them.

What if an executor won’t renounce their role?

If you feel that you need to forcibly remove an executor from their role, there is a legal process you can follow to make this happen. However, it can be a time-consuming and expensive process, which is why it should only be used after you have tried speaking to the person, or entered mediation with the executor; or if a probate law professional has deemed these processes unsuitable in your case, an application to court to remove the executor may be considered as a last resort.

It is also important to determine your chances of success before pursuing this step, and speaking to a legal professional is often the best way to decide whether or not your claim is likely to succeed before you move ahead with it. Usually, you will need legal support through this process so it is important to instruct a solicitor at the earliest possible opportunity if you intend to do this.