Detailed Answer
When a person named in a will (an executor or personal representative) fails to perform required duties, Missouri probate courts can remove that person and appoint someone else. This answer explains common legal grounds for removal under Missouri law, who can ask the court to remove an executor, the typical court process, and possible outcomes. For the statute framework governing probate administration in Missouri, see the Missouri Revised Statutes: Chapter 474 — Administration of Estates: https://revisor.mo.gov/main/OneChapter.aspx?chapter=474.
Who may ask the court to remove an executor?
In Missouri, interested parties may petition the probate court to remove an executor. Interested parties typically include: beneficiaries named in the will, heirs-at-law, certain creditors, or sometimes the public administrator. The petitioner files a motion or petition asking the probate court to remove the executor and to hold a hearing. The court provides notice to the executor and other interested parties and decides after hearing the evidence.
Common legal grounds to remove an executor (typical Missouri law reasons)
- Misconduct or dishonesty: Theft, self-dealing, selling estate property to oneself below fair value, or intentionally concealing assets.
- Breach of fiduciary duty: Failing to safeguard estate assets, ignoring creditor claims, paying improper debts, or wrongful distributions to some beneficiaries to the detriment of others.
- Failure to account or file required reports: Refusing or neglecting to provide inventories, accountings, or respond to reasonable requests for financial records.
- Neglect or incapacity: Chronic inability or refusal to perform duties, including physical or mental incapacity that prevents administration.
- Conflicts of interest: Transactions that benefit the executor at the estate’s expense without court approval or beneficiary consent.
- Criminal conviction: A felony conviction or other conduct that makes the executor unsuitable to administer the estate.
- Failure to post bond (when required): Not providing a required surety bond that protects estate creditors and beneficiaries.
What the court considers
The probate judge evaluates whether removal is in the best interests of the estate and its beneficiaries. The judge looks for clear evidence of the problems alleged, including documentation of losses, missed deadlines, incomplete inventories, inconsistent accounting, or proof of willful misconduct. The court will also consider whether a less drastic remedy (ordering an accounting, imposing a surcharge, requiring a bond, or supervision) could fix the problem without removing the executor.
Typical process and remedies
- File a petition for removal in the probate court where the estate is open. The petition explains the grounds and requests removal and appointment of a successor personal representative.
- The court issues notice and schedules a hearing. The executor may answer and present a defense.
- At the hearing the court hears testimony and reviews documentary evidence. If removal is warranted, the court can remove the executor and appoint a successor (often a nominated successor in the will or a qualified heir). The court can also order the executor to provide a full accounting, return assets, pay damages to the estate, or post a bond.
- If the executor caused financial loss, the court can surcharge (hold the executor personally liable) for the loss, and require restitution. The court can also refer criminal conduct to prosecutors if theft or fraud is involved.
Hypothetical example
Suppose Jane is named executor. She never filed an inventory, fails to notify known creditors, and distributes a large bank account to herself and one beneficiary without court approval. Other beneficiaries discover missing funds and ask the probate court to remove Jane. If evidence shows Jane misappropriated funds or breached duties, the court may remove Jane, require her to return or account for estate funds, surcharge her for losses, and appoint a new personal representative to complete administration.
Practical timelines and considerations
Removal is fact-specific and can take weeks to months depending on court schedules and the complexity of the estate. Petitioners should act promptly when they suspect misconduct; delays can make it harder to demonstrate harm or to recover missing assets. Keep detailed records of communications, financial statements, bank records, and any transactions you question.
Where to find the relevant law
Missouri’s probate and administration rules and statutes are contained in the Missouri Revised Statutes. For an entry point to statutory language and provisions that govern estate administration, notice, and fiduciary duties, see: Missouri Revised Statutes, Chapter 474 — Administration of Estates. For local court forms and procedures, check the probate division pages of the county circuit court where the decedent lived.
Note: Statutes and rules change. The revisor page above is the official Missouri statutes site and is a good starting place for statutory text and updates.
When to talk to an attorney
Consider speaking with a probate attorney if: you suspect asset misappropriation; the executor refuses to provide an accounting; the estate is large or complex; there are significant creditor issues; or the executor’s conduct risks loss to the estate. An attorney can advise on whether to file a petition for removal, seek temporary relief (such as a turnover order), or pursue a surcharge or other remedies.
Helpful Hints
- Document everything: save emails, letters, bank statements, cancelled checks, and notes of conversations with the executor.
- Request a written inventory and accounting early and in writing. Under probate rules, executors have duties to inventory assets and report to the court and beneficiaries.
- Ask the court for an accounting if the executor resists providing records; an accounting is a common first step before seeking removal.
- If you fear removal will cause a gap in administration, ask the court to appoint a temporary or successor personal representative to preserve estate assets.
- Consult a probate attorney before filing a removal petition — a lawyer can draft a focused petition and gather the evidence the court needs.
- Be aware of potential consequences: a removed executor may be ordered to repay losses, may face bond claims, and could be subject to criminal referral if theft occurred.
- Act quickly but carefully: delays can harm the estate, but hasty accusations without evidence can complicate litigation and relationships among heirs.
- Look up the Missouri Revised Statutes for current rules on estate administration: Chapter 474 — Administration of Estates.
Disclaimer: This article explains general principles of Missouri law to help you understand when a court may remove an executor. It is not legal advice and does not create an attorney-client relationship. Laws and procedures vary by county and change over time. For advice about a specific situation, consult a licensed Missouri probate attorney.