An executor is an individual appointed in a will to manage the estate of a deceased person according to their wishes. Executors are typically trusted family members, close friends, or in some cases, professionals with experience in estate administration. Their responsibilities include locating assets, paying off liabilities, applying for probate, and protecting the estate’s value for the beneficiaries.
Understanding Executor Responsibilities
Executors play a crucial role in finalizing an estate. They are responsible for:
- Locating and securing assets
- Paying debts and liabilities
- Filing for probate if needed
- Communicating with beneficiaries
- Maintaining accurate records of the estate’s finances
Given the time-intensive and occasionally complex nature of these duties, careful consideration is essential when selecting an executor.
Can an Executor Be Removed?
In some cases, executors may need to be removed or may wish to step down. Reasons can include an inability to fulfill duties effectively, personal conflicts with beneficiaries, or acting against the estate’s best interests. The short answer is yes, it is possible to change or remove an executor after probate is granted, but this requires legal intervention.
Voluntary Resignation of an Executor
If an executor wishes to resign after probate has been granted, they must seek approval from the Supreme Court of NSW. The court will review the request and, if approved, appoint a new administrator to assume the role. Valid reasons for resignation must be provided, demonstrating why the executor can no longer fulfill their responsibilities.
Involuntary Removal of an Executor
Beneficiaries or interested parties can petition the Supreme Court of NSW for an executor’s removal if there is substantial evidence of:
- Misconduct or acting in self-interest
- Delays in administering the estate
- Failure to maintain accurate records or communicate with beneficiaries
- Neglect of duties or incompetence
The court’s decision will be based on whether these issues prevent the executor from acting in the best interest of the beneficiaries. In such cases, the court will revoke the existing grant of probate and issue a new grant to an alternate administrator.
Expert Legal Assistance for Executor Changes
Navigating the removal or replacement of an executor is a complex process that requires legal expertise. At Family Focus Legal, our probate and estate administration specialists are ready to provide guidance and ensure a smooth transition.
For personalised advice on executor responsibilities or probate concerns, contact Family Focus Legal today at (02) 4655 4224 to schedule a confidential consultation.