Can an estate administrator be fired?

UPDATED: Oct 1, 2022

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Can an estate administrator be fired?

My wife’s sister was given the administer role of her brother’s estate and has made no progress to liquidate properties in 6 months. Can she be relieved of duties to another person?

Asked on September 9, 2018 under Estate Planning, Washington


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

An administrator c
can be removed for breach of their "fiduciary duty" to act in the best interests of the beneficiaries. This includes putting the interests of the beneficiaries before those of the administrator ;acting reasonably in relation to the estate; taking all proper steps to protect the assets of the deceased; selling such assets; and distributing the proceeds of the estate to the beneficiaries. At this point, you can apply to the probate court for your sister to be removed and replaced. The court will generally replace an administrator where relations between them and the beneficiaries have simply broken down to the extent that the estate cannot be properly administered.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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