The Short Answer

Yes—under Pennsylvania law, beneficiaries and other interested parties can often pursue financial accountability against a former executor (personal representative) who breached fiduciary duties and caused loss to the estate. Depending on the facts, claims may also extend to a relative who received estate property improperly, but the legal theory and proof requirements matter.

What Pennsylvania Law Says

In Pennsylvania, an executor (also called a “personal representative”) is a fiduciary. If the executor mishandles, misuses, or fails to properly protect estate assets, the Orphans’ Court can impose monetary consequences and other remedies tied to the executor’s breach of duty. Even after someone is removed or resigns, prior conduct during the administration can still be addressed in the estate proceeding.

The Statute

The primary law governing this issue is 20 Pa.C.S. § 3544.

This statute establishes that when a personal representative commits a breach of duty involving estate assets, the court may hold the personal representative liable for interest (up to the legal rate) on those assets—an example of the court’s power to financially remedy fiduciary misconduct.

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If the estate account has already been confirmed and the executor discharged, your options may narrow and timing can become a major issue. Pennsylvania law allows discharge after confirmation of the final account and distribution. See 20 Pa.C.S. § 3184.
• Burden of Proof: It’s not enough to suspect wrongdoing—you typically need records showing what the executor did (or failed to do), what assets were involved, and how the estate was harmed.
• Exceptions and who to sue: A claim against a relative often depends on whether they received estate assets, participated in misconduct, or can be required to return property—issues that can be fact-intensive and heavily litigated.

Because these disputes are handled in the Orphans’ Court and can involve accountings, tracing funds, and defenses like “approval” or “discharge,” it’s easy to make a misstep that weakens your leverage or limits recovery.

If you want more background on related Pennsylvania probate remedies, you may find these helpful: challenging an executor’s accounting and recovering missing estate funds and removing a Pennsylvania estate administrator for breach of duty or fraud.

Get Connected with a Pennsylvania Attorney

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Disclaimer: This article provides general information under Pennsylvania law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.