What Happens If An Executor Refuses To Distribute An Estate? [Video]

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An executor must undertake these responsibilities subject to a fiduciary duty to the estate. This includes a non-delegable duty to collect and preserve the estate. As the fiduciary of the estate, an executor owes a duty to act on behalf of the estate, and not for the executor’s personal interests. In the management of estate assets the executor must abide by the principle that an executor acts primarily in the interest the estate and its beneficiaries. A beneficiary of the estate has legal rights to hold an executor to these standards. The beneficiary’s rights include seeking the removal of an executor from office, and court oversight of the estate administration, and sanctions.

Often, without action by the beneficiaries the executor will continue to do little or nothing to administer an estate. It is important that action be taken to enforce these rights as quickly as possible. The longer the delays, the more likely waste …