When someone passes away in New Jersey, their estate must be managed and settled. This responsibility usually falls to the executor, the person named in the will to handle the administration. Executors play a crucial role: they collect and protect assets, pay debts and taxes, and distribute property to beneficiaries.
While most executors fulfill these duties faithfully, problems can arise. Some executors delay the process, mismanage assets, or fail to act in the estate’s best interests. In serious cases, beneficiaries or other interested parties may need to ask the court to remove the executor.
Executor removal is not common. Courts in New Jersey respect the decedent’s choice of executor, and removal is seen as an extraordinary remedy. Still, the law allows it when an executor neglects their duties or engages in misconduct. Understanding when and how courts will intervene is essential for both executors and beneficiaries.
The Role of an Executor
Executors in New Jersey have broad authority, but that authority comes with strict responsibilities. Their primary duties include:
- Filing the will with the Surrogate’s Court and obtaining authority to act
- Gathering the decedent’s property, including real estate, bank accounts, investments, and personal items
- Paying valid debts, expenses, and taxes owed by the estate
- Preparing and filing required inventories and accountings
- Distributing the remaining assets according to the will
Executors serve as fiduciaries, which means they must act with honesty, loyalty, and care. They cannot use estate property for personal gain. They must also keep beneficiaries informed and handle the estate promptly.
When executors fail to meet these standards, removal may become necessary.
Legal Grounds for Removal
New Jersey law provides specific grounds for removing an executor. These grounds are listed in the state’s probate statutes, which govern fiduciary duties. Common reasons for removal include:
- Failure to account: Executors must keep clear records. If they refuse or fail to file an inventory or accounting, beneficiaries may have no way to know how assets are being handled.
- Mismanagement of assets: Selling property below market value, wasting resources, or neglecting investments can all be signs of mismanagement.
- Misconduct or dishonesty: Executors who embezzle funds, self-deal, or use estate property for personal purposes may be removed.
- Failure to comply with court orders: Executors must follow instructions from the court. Ignoring orders or deadlines can justify removal.
- Unfitness or incapacity: If the executor becomes mentally or physically unable to serve, or refuses to act, the court may intervene.
- Conflict with co-executors: When multiple executors are named, serious and ongoing conflict may disrupt administration. Courts may remove one or more executors to protect the estate.
Not every mistake warrants removal. Courts look for serious or repeated issues that put the estate at risk. Minor errors, or simple differences of opinion with beneficiaries, usually do not meet the standard.
Who Can Petition for Removal
Not everyone has the right to ask the court to remove an executor. In New Jersey, the following people may petition:
- Beneficiaries under the will
- Heirs who would inherit if the will were invalid
- Creditors who have unpaid claims against the estate
- Co-executors or successor executors
The petition must be filed in the Superior Court, Chancery Division, Probate Part, in the county where the decedent lived. The petitioner must provide evidence that removal is justified under the law.
The Court Process
The process for removal typically involves several steps:
- Filing the Petition
The interested party files a petition with the court, explaining the grounds for removal and providing supporting evidence. - Notice to the Executor
The executor must receive notice of the petition and has the right to respond. Executors can present their own evidence and explain their actions. - Court Review and Hearing
The court holds a hearing to weigh both sides. Judges review records, accountings, correspondence, and testimony to decide if removal is necessary. - Temporary Relief
If there is a risk of immediate harm, the court may limit the executor’s powers or appoint a temporary administrator while the case is pending. - Decision and Appointment of a Successor
If the court finds valid grounds, it removes the executor. The judge then appoints a successor, often a co-executor, alternate named in the will, or another qualified individual.
Burden of Proof
The burden of proof lies with the petitioner. Courts require clear and convincing evidence of misconduct or neglect. This high standard reflects the principle that the testator’s choice of executor should be honored whenever possible.
Beneficiaries must be prepared with records showing failures to account, evidence of missing assets, or proof that the executor disregarded court orders. Without strong evidence, courts are unlikely to grant removal.
Alternatives to Removal
Removal is not the only option when problems arise. In some cases, courts may:
- Order the executor to file overdue accountings
- Require the executor to post a bond to protect beneficiaries
- Restrict the executor’s authority in specific areas
- Appoint a co-executor or temporary fiduciary for oversight
These alternatives allow administration to continue while addressing concerns. Removal is reserved for the most serious situations.
Preventing Executor Disputes
The best way to avoid disputes is through careful estate planning. Steps that can help include:
- Choosing an executor with financial skill and trustworthiness
- Naming an alternate or co-executor in case the first choice cannot serve
- Giving clear instructions in the will
- Considering a professional fiduciary if family conflict is likely
- Requiring regular accountings to ensure transparency
These preventive measures reduce the risk of conflict and protect beneficiaries from uncertainty.
Why Legal Guidance Matters
Executor removal cases are often contentious. Beneficiaries may feel frustrated or suspicious, while executors may believe they are doing their best. Because removal is a serious legal step, professional guidance is essential.
An experienced estate attorney can:
- Evaluate whether grounds for removal exist
- Prepare and file petitions supported by evidence
- Defend executors accused of misconduct
- Negotiate solutions short of removal when possible
If you are concerned about how an executor is handling an estate, or if you are an executor facing accusations, legal advice is critical.
The Knee Law Firm has decades of experience in estate planning, administration, and litigation. Our attorneys can guide you through disputes involving executor removal, ensuring that the estate is managed according to New Jersey law and the decedent’s wishes.