Detailed Answer — How and When a Personal Representative (Executor) Can Be Removed Under New Hampshire Law

In New Hampshire the person who manages a decedent’s estate is commonly called a personal representative (sometimes “executor” when named in a will). The probate court that opened the estate has the power to remove a personal representative for cause and to appoint a successor. Removal protects beneficiaries and creditors when a representative fails to perform fiduciary duties. For the official text of New Hampshire statutes, see the New Hampshire Revised Statutes Annotated index: https://www.gencourt.state.nh.us/rsa/html/. For practical probate court information, see the New Hampshire Judicial Branch site: https://www.courts.state.nh.us/.

Who can ask for removal?

• Any interested person: typical petitioners are beneficiaries, heirs, or creditors.
• The probate court itself may act on its own motion if serious misconduct appears.

Common legal grounds for removal

A court will consider removal when the personal representative demonstrates one or more of the following:

• Incapacity or incompetence: mental or physical inability to perform duties.
• Failure to administer the estate: unreasonable delay in inventorying assets, filing required reports, or paying creditors and distributions.
• Breach of fiduciary duty: self-dealing, using estate assets for personal benefit, or otherwise acting contrary to the estate’s interests.
• Fraud or dishonesty: making false statements to the court, hiding assets, or forging documents.
• Conflict of interest: where the representative’s personal interests materially conflict with their duty to beneficiaries.
• Failure to post bond or comply with court conditions: if the court required a bond or other conditions and the representative failed to comply.
• Criminal activity: criminal convictions that affect the representative’s ability to serve or the beneficiaries’ trust.

Typical removal process in probate court

1. File a petition: An interested person files a petition or motion with the probate court asking for removal and naming the requested relief (e.g., appointment of a successor).
2. Notice: The court requires notice to the personal representative and to other interested parties (beneficiaries, heirs, creditors). Notice rules vary; follow the court’s directions.
3. Interim steps: The court may issue temporary orders such as an injunction preventing the representative from transferring assets or requiring an immediate accounting.
4. Hearing: The court holds a hearing where petitioners present evidence (documents, testimony) showing cause. The representative may respond and present defenses.
5. Decision: If the court finds cause, it can remove the representative, appoint a successor (often another qualified beneficiary, a bonded professional fiduciary, or the public administrator), and order accounting, restitution, or surcharge for losses.

Evidence the court will expect

Courts generally require proof, such as:

• Inventories and accountings demonstrating what was (or was not) done.
• Bank records, cancelled checks, or receipts showing misuse or mismanagement.
• Communications (emails, letters) that show neglect or refusal to cooperate.
• Medical records or expert testimony if incapacity is alleged.

Possible outcomes and consequences

• Removal and replacement: The court may remove the current representative and name a successor.
• Partial remedies: The court may limit powers, require bond, or order supervision rather than full removal.
• Financial consequences: If the representative caused a loss, the court may order them to repay estate funds (a surcharge) or be removed from distribution priority.
• Criminal referral: If fraud or theft is suspected, the court may refer the matter to law enforcement.

Timing and practical considerations

Prompt action helps protect estate assets. Long delays can make evidence harder to obtain and may limit remedies. At the same time, courts do not remove incapacitated or underperforming representatives lightly — the petitioner must show clear cause.

Hypothetical example

Mary is named executor in her brother’s will. Over 18 months she fails to file an inventory, mixes estate funds with personal accounts, and ignores beneficiaries’ requests for information. A beneficiary can petition the probate court in the county where the estate is probated, ask for Mary’s removal, request an accounting, and ask the court to appoint a successor to complete the administration. If the court finds Mary misused funds, it can order repayment, remove her, and appoint a bonded professional to finish the estate.

Where to find New Hampshire statutes and forms

New Hampshire statutes that govern probate practice and fiduciary duties appear in the New Hampshire Revised Statutes Annotated. Start at the RSA index: https://www.gencourt.state.nh.us/rsa/html/. For court procedures, local forms, and filing rules, check the New Hampshire Judicial Branch website: https://www.courts.state.nh.us/.

Helpful Hints — Practical Steps If You Think an Executor Should Be Removed

• Document concerns early. Keep copies of communications, bank statements, and other records showing delays, omissions, or misuse.
• Request an accounting in writing. Courts expect beneficiaries to try reasonable resolution before filing a motion.
• Check for bond requirements. If a bond was required and not posted, raise that with the court.
• File a petition in the probate court that opened the estate. Jurisdiction typically lies in that county.
• Be prepared to provide a clear, organized timeline of events and specific examples of misconduct or neglect.
• Consider interim relief. Ask the court for temporary freezes or an order compelling an accounting if assets are at risk.
• Talk to an attorney experienced in New Hampshire probate. An attorney can explain statutory requirements, draft the petition, and present evidence at a hearing.
• Expect the court to weigh disruption to administration. The court balances protecting the estate with avoiding unnecessary delay or expense.