If you’re a beneficiary or heir and you don’t trust what an executor is doing in regards to a loved one’s estate during probate, it may be important to take action to protect your rights and your loved one’s legacy.
In Pennsylvania, executors have a legal duty to manage an estate honestly, fairly and according to the decedent’s will and applicable probate laws. When an executor fails to act transparently or appears to be mishandling an estate, beneficiaries and heirs have options for seeking accountability.
Taking action whenever necessary
Executors—also known as personal representatives—are required to act in the best interests of the estate and its beneficiaries. This includes duties like identifying and gathering assets, paying valid debts and taxes and distributing assets according to a will, if one was left behind. If you believe the executor is acting improperly, such as withholding information, delaying distributions without cause or mismanaging funds, you may have grounds to take legal action.
The first step is to request information in writing. Beneficiaries have the right to receive regular updates about the estate, including inventories of assets, appraisals, accountings and a timeline for distribution. A responsible executor should be willing to answer reasonable questions and provide documentation. If they are evasive or refuse to communicate, that may be a red flag.
In some cases, issues arise from misunderstandings or a lack of experience rather than bad intentions. A conversation—possibly facilitated by a probate attorney—can sometimes resolve a concern. However, if the executor continues to act suspiciously, ignores their duties or appears to be acting in their own self-interest, more formal steps may be necessary.
If necessary and appropriate, you can potentially file a petition with the probate court to compel the executor to provide an accounting or to explain their actions. If the court finds that the executor has breached their fiduciary duties, it may order corrective actions or remove the executor entirely. In extreme cases, the court may also hold the executor personally liable for losses to the estate.
If you don’t trust what an executor is doing, don’t wait for problems to get worse. Seeking personalized legal guidance can help you clarify and exercise your rights under the law.
