Estate Planning and Probate

Estate Planning and Probate

Removal of a Personal Representative

A Personal Representative is someone who is appointed to administer an estate. Typically, a Personal Representative is an Executor or Administrator of an Estate. The Personal Representative has a duty to act in the best interest of the estate and maximize the estate’s assets. They also have a responsibility to address all debts of the deceased person.

A Personal Representative has a very important function and as such, they are held to a very high standard by the law. The Personal Representative may not use the estate’s assets for their personal use or commingle estate funds with their own. They may also not act in such a way that causes harm to the Estate.

If a Personal Representative acts in a way that is contrary to what is required of them, they may be removed from their role as the Personal Representative. This is done by an interested person filing a petition with the Court and seeking a removal. If, upon review, the Court determines that allowing the Personal Representative to continue in their office would cause harm to the estate, the Court may remove the Personal Representative and direct that a different person be appointed. The new Personal Representative may be a person or a qualified trust or banking company if necessary.

If you are seeking to remove a Personal Representative or if you are a Personal Representative facing removal, our attorneys are ready to assist you. Our attorneys bring years of litigation and Trusts & Estate experience to provide you with the best representation.

To set up a free initial consultation, contact our office by e-mail or for assistance in Pennsylvania and New York call our office at 215-568-4968, for assistance in New Jersey call our office at 609-523-2222, and for assistance in Florida, call our office at 727-538-4178. Evening and weekend meetings can be scheduled at your request.