What Happens if an Executor Does Not Handle Probate?

When a person dies, their estate will typically go into probate, unless they have a trust in place. This is done by the executor, who may be listed in the will or appointed by the court. The executor is typically the surviving spouse, adult children, sibling, or other close relative.

But let’s face it: not everyone wants to do their job. People shirk responsibility all the time. Being an executor is a tough job, and not everyone is cut out for it. They may not do their job well or they may avoid responsibility altogether.

When this happens, what can be done? How do you move forward?

Executor duties are not something a person can simply ignore. The estate will sit in probate until the executor does their job. If an executor fails to handle probate, it can create serious legal and financial problems for the estate. As a beneficiary or heir, you may need to step in and help move the process along. Here is what you need to know.

The Court Can Remove the Executor

Probate courts expect the executor to act promptly. If they delay, ignore duties, or refuse to act, the court can remove them and appoint a replacement.

Beneficiaries Can Take Legal Action

Heirs and beneficiaries do not have to wait indefinitely. The court will eventually step in to help out, but you can take action. If you are dealing with an unresponsive executor, you can:

• File a petition with the probate court.
• Request an accounting of estate assets.
• Ask the court to appoint a new executor.
• Ask for financial compensation if you have been harmed by delays.

The Executor May Be Personally Liable

An executor has a fiduciary duty to the estate. Failing to manage probate properly can result in personal liability for:

• Unpaid debts or taxes.
• Lost or mismanaged assets.
• Financial losses caused by delays.

Assets Can Be Frozen or Lost

Without proper probate administration:

• Bank accounts may remain inaccessible.
• Property can fall into disrepair or foreclosure.
• Bills and taxes may go unpaid, leading to penalties.

Estate Distribution Is Delayed

Beneficiaries will not receive their inheritance until probate is properly handled. In some cases, delays can stretch months or even years longer than necessary.

Creditors May Still Pursue Claims

Even if probate is not opened, debts do not magically disappear. Creditors can seek payment and may take legal steps to recover what they are owed.

Seek Legal Help

Dealing with probate can be a frustrating matter. The executor may not do the job right, so you need to know your legal options to keep the case moving forward.

Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A. can guide you through the probate process with ease. We have experience working with all kinds of estates and can help you keep things moving forward. To schedule a consultation with our office, fill out the online form or call 954-764-4330.

Source:

justia.com/probate/probate-litigation/litigation-against-the-executor/