What Happens If an Executor Does Not Want or Cannot Act in Tennessee?

Many people are not aware that the executor of a will can refuse to carry out their duties. In some cases, a named executor may refuse to serve for any reason, such as lack of time or capacity, conflict with beneficiaries, distance, or emotional distress. In some cases, an executor may become incapacitated or die before they carry out their duties. Some may ask, “What happens if an executor does not want or cannot act in Tennessee?” Situations like this are part of the broader issues families face during probate. Understanding the Tennessee probate process can help you prepare for what comes next.

What an Executor Does

An executor is the individual named in a person’s will to manage the estate. The executor’s responsibilities include:

• Initiating the probate process when necessary
• Filing the relevant legal paperwork
• Notifying the relevant parties, like financial institutions and government agencies
• Identifying assets such as bank accounts, real estate, stocks, other investments, and personal property
• Paying off debts, funeral expenses, medical bills, outstanding balances on accounts like credit cards, and taxes on income and the estate
• Distributing assets to the beneficiaries as the will instructs
• Managing the estate until their other duties are completed
• Representing the estate in relevant court proceedings

Why an Executor Might Not Act

Executors are usually not professionals but rather family members or close friends. However, they still have the legal responsibility of managing the estate, and they may be held legally liable if they fail in their duty or abuse their position of trust. Nevertheless, just because someone is named an executor does not mean that they have to serve as such. A recent report found that more than half of executors were not even aware there was a will, much less that they had been named executors.

There may be cases where an executor mismanages or neglects the estate, or the executor may even refuse to act out of spite, revenge, or conflict within a family. A recent report shows that more than half of U.S. adults have experienced family conflict over a will.

There Are Options

If an executor can’t or won’t serve, the estate has other legal options. Tennessee probate courts handle about 6,000 cases a year, and executor issues are not uncommon. The probate court can appoint someone else if needed. In the case of mismanagement or other conflicts, the court can remove an executor and appoint a new one.

In such a case, the ideal option is for the will to name alternate executors. Failing that, the beneficiaries can petition the court to appoint a new executor. In some cases, they may also be entitled to file a civil claim for damages.

When an executor declines the role, they must formally inform the probate court with a written refusal. Then, the court moves to appoint an alternate executor or administrator. Sometimes, the executor is:

• Physically or mentally unable to serve
• Dies before completing their duties
• Ineligible because they are a minor, a convicted felon, or a non-resident

If so, the beneficiaries can notify the probate court, which then declares the executor unable to act and appoints a new executor.

The court generally first looks to other close family members to be the new executor. However, if there is no other suitable executor or no one agrees, a public administrator or court-appointed neutral party, such as an attorney, will be named. When disputes arise about who should serve, working with a probate litigation attorney can help. Explore how a probate and estate litigation lawyer in Franklin can help.

FAQs

What Do You Do If the Executor Refuses to Act?

If an executor refuses to act, the heirs can petition the court to have a new executor named. If the executor is uncooperative, this can slow the probate process considerably, but simply needing to name a new executor can cause delays. It is always advisable to avoid probate in Tennessee, as even minor issues can lead to significant delays and legal complications. An experienced probate attorney can speed up the process and make sure there are no further delays, especially when the estate is large or has a chance of being contested.

How Long Does an Executor Have to Settle an Estate in Tennessee?

There is no set timeframe for an executor to settle an estate in Tennessee. In some cases, such as small, uncontested estates, it may only take a few months to settle an estate. In other cases, where there is no will or the will is contested, it may take years to settle the estate. A knowledgeable estate lawyer can give you an estimate of how long it may take in your particular case. They can also explain what to expect from the process.

What Happens If There Is No Executor?

If there is no executor or no will (intestate), a family member can apply to be the administrator, or the probate court will appoint an administrator. The estate’s administrator is responsible for carrying out the same tasks an executor would. This is usually a family member or heir, and an administrator may be entitled to compensation for their work on the estate. The rest of the probate process is the same.

How Is an Executor Held Accountable?

An executor can be held accountable by beneficiaries and creditors. Beneficiaries can petition to have the executor removed, and both beneficiaries and creditors can file a civil claim for financial damages. In cases that include fraud, embezzlement, or other criminal actions, heirs or creditors could also press criminal charges, which could mean penalties such as fines or even jail time.

You Do Not Have to Face Probate Alone

Facing a loved one’s death is often a stressful and challenging time. When there are issues with the executor of the will, that only adds to the mental and emotional burden. The skilled and compassionate legal team at Emmack Probate and Estate Law Group, led by attorney Shanone Emmack, has extensive experience with wills and the probate process. Our firm can alleviate the pressure of dealing with an unwilling executor and act as a barrier with creditors and other parties.

Your attorney can navigate the probate process, whether that means petitioning for a new executor or negotiating with other parties. Our top priority is to make sure your interests and rights are protected. We can advocate fiercely so you can get the most favorable outcome possible in your case. Contact our office today to set up your initial consultation and discuss your case.