When can an executor (personal representative) be removed under Minnesota law?

Short answer: Under Minnesota law, an executor (called a “personal representative” in the statutes) can be removed whenever the court finds cause — for example, incapacity, misconduct, breach of fiduciary duty, refusal or failure to perform duties, wasting estate assets, or a conflict of interest that prevents proper administration. An interested person (beneficiary, heir, or creditor) must file a petition and the court will hold a hearing before removing the personal representative. See Minn. Stat. § 524.3-607 for statutory guidance.

Detailed Answer

Terminology and who this applies to

In Minnesota, the person named in a will as “executor” is typically appointed by the probate court as the “personal representative.” All duties and standards described below apply to that personal representative whether appointed by will or by the court.

Legal grounds for removal

• Failure to perform duties. If the personal representative refuses or neglects to perform required tasks — for example, failing to file an inventory, to give required notices, to collect assets, or to make required distributions — the court may remove them.
• Breach of fiduciary duty or misconduct. Misappropriating estate funds, commingling estate and personal assets, self-dealing, hiding assets, or otherwise acting in ways that harm the estate can justify removal.
• Incapacity or incompetence. If the personal representative becomes mentally or physically unable to perform duties, the court can remove or suspend them.
• Conviction of certain crimes. A felony or a crime involving fraud or dishonesty can be grounds for removal.
• Conflict of interest. If the representative’s personal interests conflict with duty to the estate and that conflict prevents proper administration, the court may act to remove or limit powers.
• Delay or inability to administer. Prolonged and unjustified delay in administering the estate or an inability to carry out administration properly may justify removal.

Statutory reference

The Minnesota probate statutes set standards for a personal representative’s appointment, duties, and removal. For removal procedures and authority, see Minn. Stat. § 524.3-607: https://www.revisor.mn.gov/statutes/cite/524.3-607.

Who can ask the court to remove a personal representative?

Generally an “interested person” can petition the probate court. That category usually includes beneficiaries under the will, heirs at law, creditors with a legitimate claim, and sometimes the public guardian or the county attorney if abuse or fraud is alleged.

What the court will consider

• Evidence of misconduct or neglect (documents, bank records, correspondence, missed filings).
• Whether removal is in the best interest of the estate and beneficiaries.
• Whether a less drastic remedy will suffice (for example, ordering an accounting, requiring a bond, limiting powers, or appointing a co-representative or special representative).
• Any language in the will naming a successor personal representative. Courts often appoint the successor named in the will if removal is ordered and that person is qualified and willing to serve.

Possible court actions

• Temporary suspension while an investigation proceeds.
• Full removal and appointment of a successor personal representative.
• Monetary remedies against the removed representative, such as surcharge or restitution if the court finds misappropriation or waste.
• Other orders to protect estate assets (freeze accounts, require bond, or appoint a receiver).

Typical process and timeline (hypothetical example)

Suppose beneficiaries discover the executor has missed required filings, failed to inventory assets, and used estate checks for personal expenses. An interested beneficiary files a petition to remove the executor with the probate court, attaching bank statements, copies of checks, and correspondence showing missed deadlines. The court sets a hearing, orders notice to interested parties, and may order the executor to produce a formal accounting. After hearing testimony and reviewing evidence, the court may find cause and remove the executor, then appoint the alternate executor named in the will or another suitable person. The court may also order the removed executor to repay misused funds and may assess costs.

Helpful Hints

• Act promptly. If you suspect misconduct, bring concerns to the court quickly to preserve estate assets and evidence.
• Gather documentation. Collect bank statements, canceled checks, emails/texts, inventories, notices, and any communications that show neglect or mismanagement.
• Identify interested persons. Beneficiaries, heirs, and certain creditors have standing to petition; know who must receive notice under probate rules.
• Consider less drastic remedies. Courts can order accountings, require bond, or limit powers without full removal; mention these options in court filings if appropriate.
• Know standard of proof. Removal usually requires showing cause by a preponderance of the evidence (more likely than not), so credible documents and witness testimony matter.
• Watch for successor provisions. If the will names an alternate personal representative, the court will often look to the will when choosing a replacement.
• Expect costs and time. Probate litigation can be time-consuming and may increase estate expenses; weigh the likely benefits of removal against the costs.
• Get legal counsel. An experienced Minnesota probate attorney can assess whether removal is likely to succeed and can prepare appropriate filings and evidence.

Where to learn more

For the statutory language on removal, see Minn. Stat. § 524.3-607: https://www.revisor.mn.gov/statutes/cite/524.3-607. For general probate procedure, the Minnesota Revisor of Statutes chapter on decedents’ estates (chapter 524) provides additional context: https://www.revisor.mn.gov/statutes/cite/524.

Disclaimer: This article provides general information about Minnesota probate law and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Minnesota attorney experienced in probate matters.