What Happens When No One Agrees on the Executor?
When a loved one passes away, someone must be appointed to manage the estate, pay debts, protect property, and distribute assets according to the will or state law. But when the family cannot agree on who should serve as executor, or the person who was chosen to be executor decides to back out, the probate process can quickly become complicated and emotionally charged. Understanding what happens next can help you protect your rights and keep the estate moving forward.
When a Will Names an Executor but the Family Objects
If the will clearly names an executor, that person usually has priority to serve. However, family members may still challenge the appointment if they believe the chosen executor is:
- Engaging in misconduct.
- Too ill or elderly to manage responsibilities.
- Lacking integrity or impartiality.
- In conflict with major beneficiaries.
If objections are filed, the probate judge will hold a hearing to determine whether the named executor is fit to serve. Unless there is strong evidence of wrongdoing or inability, judges typically defer to the decedent’s chosen representative.
When There Is No Will or Executor Listed
If the will does not name an executor, or if there is no will at all, the court must appoint someone to administer the estate. Most states follow a priority list, which typically looks like this:
- Surviving spouse
- Adult children
- Other heirs
- Creditors
- Public administrator
Disputes often arise when multiple people have equal priority, such as siblings who all want control or none of them want the other to serve.
When Family Members Cannot Agree
When no one can agree on who should serve, several outcomes are possible:
- The court holds a contested hearing. Each interested party can present evidence and argue why they should or should not be appointed. The judge then appoints the person they believe is:
- Most qualified.
- Most trustworthy.
- Least conflicted.
- Most capable of managing the estate objectively.
- The court appoints co-executors. In some cases, the judge may appoint two or more people to serve together. While this allows equal participation, it can also create additional conflict if the co-executors cannot cooperate.
- A neutral third party is appointed. If family conflict is severe, the court may appoint:
- A professional fiduciary.
- A private trustee.
- A probate attorney.
- The public administrator.
This option removes control from the family but often provides a more efficient and conflict-free administration. However, even after the judge appoints someone, beneficiaries or heirs may still agree. They would have the option to:
- Request formal accountings.
- Object to transactions.
- File a petition to remove the executor.
- Seek court orders to protect estate property.
Seek Legal Help
You may not automatically receive what the will or trust says you should. A shady executor or beneficiary may attempt to take your fair share as well.
Fort Lauderdale probate litigation lawyer Edward J. Jennings, P.A can assess your situation and help you get what you are entitled to receive. Schedule a consultation today by filling out the online form or calling 954-764-4330.
Source:
clearestate.com/en-us/blog/what-to-do-when-no-one-wants-to-be-executor-of-estate
