Petition to Remove Executor from an Estate Administration in Pennsylvania

A petition to remove an executor is a petition addressed to the Orphan’s Court Division of the Court of Common Pleas asking to “remove” or fire the person who has the authority over an estate from the job of administering the estate. A petition to remove an executor asks the court to appoint someone else to be the executor or administrator of an estate and make decisions about what to do with a decedent’s assets.

As we’ve discussed in other articles, a “personal representative,” executor or administrator are functionally the same under Pennsylvania law, so we’ll use the terms interchangeably. In this article we will discuss a few things to consider if you or a loved one is going through a difficult estate.

If you’re the administrator of an estate concerned about someone trying to remove you, you may want to first look at a few of our articles on tips for properly administering the estate, or speak to one of our estate administration lawyers.

Breaches of fiduciary duty are one of the main grounds for removing executors.

A personal representative is a “fiduciary” for the estate. A fiduciary is someone who owes obligations to put someone else’s interests above their own. When someone is sworn in to be the personal representative of an estate, it becomes that person’s job to administer the estate in accordance with the law and in the best interest of the beneficiaries of the estate. This is true even if it sometimes is detrimental to the executor’s own personal interests.

As an example, let’s say that an executor was living in the decedent’s (that’s the person who passed away) house when the decedent died. The executor may need to charge himself rent while he continues to live there until the estate is resolved in order to ensure that all beneficiaries receive their share of the value of the house.

As another example, if an executor wants a particular asset from the estate, such as dad’s tools or his hunting gear, the executor should offer such assets to everyone at whatever price he is paying to obtain them.

But fiduciary duty does more than require executors to refrain from “self-dealing.” It also requires an executor to affirmatively work to maximize the value of the estate. For example, if an estate will have to be open for many years, it is sometimes appropriate for an executor to put the money in “safe” investments that will grow whatever is currently being held by the estate. And executors should eliminate liabilities to the estate wherever possible, including evicting beneficiaries from estate property or otherwise prohibiting interference with estate assets.

Conflict with estate beneficiaries may feel inevitable, but it can also be a ground for removing an executor.

Although some amount of conflict between executors and beneficiaries is likely to be expected, “excessive” conflict is a reason for Courts to replace an executor. Although there have been many cases about what “excessive conflict” looks like, there are not necessarily clear standards for this. Rather, the Orphans Court judge assigned to your case will ask whether the executor’s conflict with the beneficiaries is so bad as to cloud his judgment and prevent him from effectively executing the estate.

Evidence of such conflict could come in the form of testimony of beneficiaries, text messages, emails or letters that show bitterness between the executor and the beneficiaries, or other evidence that the conflict is causing the executor to act vindictively.

In situations where beneficiaries are all siblings, and one of the siblings is not only a beneficiary but is also the executor, these types of conflicts are not unusual. Nonetheless, courts will only remove an executor where that executor has shown that they have poor judgement or have been antagonistic towards the other beneficiaries. In addition, courts understand that all fights over the property of a decedent may result in conflict. This means that any executor put in place by the court may face challenges regarding conflict.

In most cases, it is the actions (or the inaction) of the executor that is at issue, not the attitudes or the words of the executor. But in some cases, showing their anger or bitterness is relevant.

Inability to process the estate or ineffectiveness can lead to removal.

If an executor fails over a length of time to move the estate forward, that can be grounds for removal. But most situations require showing that the executor could have taken some action and didn’t. For example, if a house doesn’t sell, an executor may need to drop the price at a certain point. But if the house still won’t sell, the executor can’t force someone to buy it. Similarly, if a business has to be wound up and it’s taking a long time, the executor is required to wait on the windup process to move forward with finalizing the estate.

But if the estate is lingering without explanation, or if long delays occur and the administrator has no explanation for such delays, removal can be warranted.

Estate litigation in Orphans’ Court

The proper mechanism for removing an executor is to file a Petition to Remove Executor in the Orphans’ Court of the county where the estate is pending. This is the same county where “letters of administration” or a “short certificate” were issued.

The petition will usually allege one of the grounds discussed above, although any relevant fact may be pled. A petition to remove the executor may allege that the executor is ineffective, that he is breaching fiduciary duty, that he is charging excessive fees or self-dealing, or that a specific action, if not stopped, will damage the estate.

Third Party administrators

In extreme cases, and especially where the animosity between the parties has reached a fever pitch, courts will resort to appointing a “third party administrator.” This means that, even though one or more people had the right to serve as executor, if conflict is excessive between the parties, the court may choose a local attorney or some other person who has no interest in the estate. This third party will proceed to administer the estate according to law and likely will not have the personal animosity or a history of vendettas against family members. This approach can be a good resolution in some cases, but in others can create more headaches, as extra fees will have to be paid to that third party to run the estate.

Conclusion: Contact Cornerstone Law Firm about your estate litigation

If you’re involved in a difficult estate as either the beneficiary or the executor and you’d like legal counsel, call our office to schedule an appointment. Our estate litigation team can help you to figure out your rights and next steps and determine what approach is best for your case. Our attorneys travel throughout the Commonwealth and we can help you with your Orphans Court case wherever it arises. Call us today for your consultation.