Probate Disputes Explained: Removing an Executor or Administrator of an Estate

When someone dies, the person appointed to administer their estate, known as the personal representative (PR), has significant legal responsibilities.

But what happens if that person is acting improperly, negligently or is simply no longer fit to carry out the role?

A personal representative can be removed by the court in certain circumstances.

A personal representative may be:

They are responsible for collecting the deceased’s assets, settling debts and taxes and distributing the estate according to the will or intestacy rules.

While most PRs carry out their duties diligently, problems can arise when they:

Before considering removal proceedings, it’s important to understand that executors can resign in certain circumstances through a process called renunciation.

Renunciation is only possible if the executor has not yet started actively dealing with the estate (known as “intermeddling”). This means they have not taken steps such as selling assets, paying debts or collecting estate funds. Once an executor has begun administering the estate, they cannot simply resign. Renunciation requires signing a formal deed of renunciation.

If an executor has already started acting but wishes to step down, or if they refuse to resign despite problems arising, court proceedings for removal may be necessary.

Yes. The courts have power to remove a PR under section 50 of the Administration of Justice Act 1985. The key consideration is always the interests of the beneficiaries and the proper administration of the estate.

It is not enough to simply dislike a PR or disagree with their decisions. The court must be satisfied that their continued role would jeopardise the proper management of the estate.

Estate administration typically takes between six and twelve months (sometimes referred to as the “executor’s year”), though complex estates may take longer. Courts recognise that executors must act carefully and prudently. However, unreasonable delay beyond what is necessary for proper administration can be grounds for removal, particularly where beneficiaries are suffering financial loss.

The standard expected of executors varies. Professional executors (such as solicitors or accountants acting in that capacity) are held to a higher standard than family members acting in a lay capacity. This distinction matters when assessing whether an executor’s conduct amounts to incompetence or breach of duty.

Litigation should be a last resort. Before pursuing removal proceedings, beneficiaries should:

Request information about the estate’s administration, including details of assets, liabilities and the proposed distribution timeline.

Executors must keep beneficiaries “reasonably informed” about the estate’s progress. This duty gives executors some discretion, but they cannot simply refuse to provide basic information about the administration.

Threatening immediate legal action is rarely productive. If the executor is simply slow or poor at communicating, requesting information and offering assistance (such as suggesting professional help at the estate’s expense) may resolve the issue.

Applications for removal are stronger when supported by all or a clear majority of beneficiaries rather than a single dissatisfied individual.

The process usually involves:

In urgent cases, an interim order may be sought to prevent further mismanagement pending a full hearing. The court has wide discretion and may remove one or all PRs if necessary.

Executors are normally entitled to have their reasonable costs of estate administration paid from the estate funds. This includes legal costs for dealing with legitimate estate disputes where they act reasonably.

However, executors who act unreasonably or in their own interests rather than the estate’s interests risk losing this indemnity. If the court finds that an executor has defended removal proceedings unreasonably or conducted the litigation as a personal dispute rather than an estate matter, the executor may be ordered to pay costs personally.

This can result in:

Before defending removal proceedings, executors should carefully consider whether their opposition serves the estate’s interests or their own, and should seek early legal advice about the risks involved.

Probate disputes involving the removal of a PR can be highly sensitive and emotionally charged, especially when family members are involved. They often overlap with other inheritance disputes, such as claims under the Inheritance (Provision for Family and Dependants) Act 1975 or challenges to the validity of the will.

At Franklins Solicitors, our dispute resolution team works closely with our wills, trusts and probate department to handle contested probate matters with care, professionalism and efficiency. If you believe a personal representative is failing in their duties, or you are a PR facing challenge, we can guide you through the legal process and protect your interests.