What to do when an executor fails to communicate

On Behalf of | Jul 12, 2023 | Uncategorized

When your loved one’s will goes to probate, the executor will be responsible for most of the procedures. Accordingly, they should communicate effectively to keep interested parties (beneficiaries, creditors and so on) updated on major matters. If they fail to do so, problems may arise.  

Here is what to do when an executor fails to communicate:

Contact them

If an executor is not keeping you reasonably informed, you and other interested parties should contact them. You can send a collective email or letter requesting them to provide adequate information about the estate’s administration.

At times, what you consider reasonable information may differ from the executor’s belief – they may be uncertain about what to share and what not to. Accordingly, they may fail to provide you with a piece of information, thinking it’s insignificant. Communicating with them can help them know the matters they should discuss in-depth. 

Go to court

If the executor refuses to provide you with information about the probate process despite requesting them, it may help to go to court. The probate court may ask them to fulfill their duties. 

Remove them

If an executor fails to fulfill their duty to communicate even after being asked by the court, you can file a petition to remove them. The court will consider different factors before deciding to remove them. And when they do, they will choose an appropriate party to administer the estate.

Why should executors communicate?

When an executor fails to communicate, beneficiaries can believe they are committing fraud. And this fear of misconduct can increase when they don’t get answers. This can lead to disputes, which can delay the distribution of inheritance.

If an executor refuses to communicate, it will help to get legal guidance sooner to make informed decisions.  

 

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