What happens if the personal representative fails to perform his or her duty?

The court may lower or deny compensation and can replace the personal representative with someone else. The personal representative may even have to pay for any damages he or she caused. A personal representative may be held liable for:

  • improperly managing the assets of the estate,
  • failing to collect claims and money due the estate,
  • overpaying creditors,
  • selling an asset without the authority to do so, or at an inappropriate price,
  • not filing tax returns on time,
  • distributing property to the wrong beneficiaries, or
  • distributing property to beneficiaries before all creditors have been paid, etc.

Other Frequently Asked Questions

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