When can an executor (personal representative) be removed under Maine law?

Short answer: In Maine, the probate court can remove a personal representative (the term Maine uses for an executor) when the representative is unable or unfit to perform duties, breaches fiduciary duties, mismanages estate assets, refuses to account or give bond if required, or otherwise acts in a way that endangers the estate or its beneficiaries. Removal requires a petition, notice, and a court hearing. This article explains the common legal grounds, the removal process, likely outcomes, and practical steps beneficiaries and interested persons can take.

Detailed Answer — Grounds and process to remove a personal representative in Maine

Who is a personal representative?

Under Maine law, an executor appointed by a will or an administrator appointed by the court is called a personal representative. The personal representative has a fiduciary duty to collect estate assets, pay valid debts and taxes, and distribute the remainder to the heirs or beneficiaries according to the will or law.

Statutory framework

The Maine Probate Code governs estate administration and the court’s power over personal representatives. See Maine Revised Statutes, Title 18‑B (Probate Code): https://legislature.maine.gov/statutes/18-B/. The probate court has broad equitable and statutory authority to supervise and, when necessary, remove a personal representative to protect the estate and the rights of beneficiaries.

Common legal grounds for removal

The court will consider removal when one or more of the following apply:

Incapacity or incompetence: The personal representative is physically or mentally unable to manage estate administration.
Failure to perform duties: The representative unreasonably delays estate administration, fails to inventory assets, neglects to locate or protect property, or refuses to file required accounts.
Breach of fiduciary duty: Self-dealing, favoring some beneficiaries over others without lawful basis, or acting in a way that benefits the representative rather than the estate.
Theft, fraud, or misappropriation: Evidence the representative converted estate assets or used them for personal purposes.
Conflict of interest or incompatibility: A conflict that prevents impartial administration or undermines the estate’s best interests.
Conviction of a serious crime: Criminal conduct that makes the representative unfit to serve.
Failure to give bond or security: When a bond is required by the court or by the will and the representative refuses or fails to obtain it.
Unsuitability for other reasons: Evidence the representative’s conduct or situation makes them unsuitable (e.g., chronic substance abuse, prolonged absence, inability to communicate).

Who can ask the court to remove the personal representative?

Interested persons can petition for removal. Typical petitioners include heirs, beneficiaries under the will, creditors with standing, co‑representatives, or, in some cases, the probate court prosecutor or clerk acting to protect the estate.

How removal proceedings typically work

Filing a petition: An interested person files a petition with the probate court setting out the facts supporting removal and requesting relief. The petition should cite specific actions or omissions and supply supporting evidence.
Notice: Maine probate procedure requires notice to the personal representative and to interested parties so they can respond. The court will set a date for a hearing.
Hearing and proof: The petitioner must prove the grounds for removal by a preponderance of the evidence. The representative may offer defenses, explanations, or remediation plans.
Interim relief: If the court finds immediate risk to estate assets, it can order temporary suspension, require bonding, restrict certain acts, or appoint a temporary fiduciary pending final resolution.
Final orders: If removal is justified, the court will remove the representative and appoint a successor (often a co‑representative, an alternate named in the will, or an administrator nominated by interested parties). The court may also order accounting, surcharge the former representative for losses, or refer matters for criminal investigation.

What remedies can the court impose?

Beyond removal, the court can:

Require the former personal representative to file a full accounting.
Order the representative to reimburse the estate for losses caused by breach (a surcharge).
Require a bond or other security for a successor.
Assess removal costs against the estate or the former representative if misconduct occurred.

Timing and strategy

There is no strict short deadline to petition for removal, but acting promptly preserves evidence and reduces risk of further harm. Beneficiaries who wait long periods may face practical problems recovering lost assets. If you suspect misconduct or mismanagement, start by gathering documentation (communications, bank statements, inventories, receipts) and consult an attorney experienced in Maine probate law.

Practical example (hypothetical facts)

Imagine a decedent died leaving a will naming a sibling as personal representative. Months into administration, beneficiaries learn the representative moved estate funds into a personal account and stopped responding to requests for an inventory. A beneficiary can petition the probate court in the county where the estate is being administered. The petition should describe the alleged conversion, include emails and bank statements if available, and ask the court for temporary suspension of the representative and appointment of a successor. The court may order an immediate accounting and, if misconduct is shown, remove the representative and order repayment to the estate.

How to prepare if you think removal is necessary

Gather clear documentation: copies of the will, letters appointing the representative, communications, bank records, inventories, receipts, and any probate filings. Identify who has standing to petition and which probate court is handling the estate. Consult a lawyer to evaluate the strength of your claim, draft the petition, and represent you at hearings. A lawyer can also help seek interim relief (temporary removal, asset freezing) to prevent further harm.

Note: For the controlling statutes and probate procedures, consult Title 18‑B of the Maine Revised Statutes: https://legislature.maine.gov/statutes/18-B/.

Helpful Hints

Act quickly when you suspect mismanagement. Early action helps preserve evidence and assets.
Keep written records of all communications with the personal representative.
Request formal inventories and accountings in writing; courts expect documentation.
Consider less drastic alternatives first: ask the court to compel accounting, require bonding, or appoint a co‑representative before seeking removal.
If you fear theft or conversion, ask the court for temporary restrictions on the representative’s access to funds or for appointment of a temporary fiduciary.
Gather witnesses and documentary proof (bank statements, cancelled checks, emails) to support allegations of breach or conversion.
Consult an attorney experienced in Maine probate law early—probate procedure and evidentiary rules can be technical.
Remember: removal does not automatically penalize a representative; the court can order surcharge or other financial remedies if misconduct is proved.

Disclaimer: This article explains general Maine law for educational purposes only. It is not legal advice, and it does not create an attorney‑client relationship. For advice about a specific situation, consult a licensed Maine attorney.