When Can an Executor Be Removed in Massachusetts?

Short answer: In Massachusetts an executor (more correctly called a personal representative) can be removed by the Probate and Family Court when they are unable or unfit to perform their duties, breach their fiduciary duties, commit misconduct (including fraud or theft), refuse to act, or otherwise create a substantial risk to the estate or its beneficiaries. The court has broad power to remove, limit, or supervise a personal representative and to appoint a successor. This article explains common grounds for removal, the typical court process, what evidence helps a petition, and practical steps you can take.

Detailed answer — grounds and legal framework under Massachusetts law

Terminology: In Massachusetts probate law the person commonly called an executor is legally a personal representative. The law governing appointment, duties, and removal of personal representatives is found in the Massachusetts Uniform Probate Code (Chapter 190B of the Massachusetts General Laws) and is administered by the Probate and Family Court. See Mass. Gen. Laws ch. 190B: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleI/Chapter190B.

Common legal grounds for removal

Incapacity or incapability. If the personal representative becomes physically or mentally unable to do the job.
Refusal or failure to act. If the personal representative refuses or fails to carry out basic duties (e.g., file an inventory, notify creditors, marshal assets, or pay obligations) after notice and opportunity to cure.
Breach of fiduciary duty. Examples include self-dealing, conflicts of interest without court approval, misusing estate funds, or entering improper transactions for personal gain.
Mismanagement or neglect. Repeated errors, reckless handling of estate property, or gross negligence that wastes estate assets.
Criminal conduct. Conviction for theft, embezzlement, or other crimes involving estate property or trust can justify removal and lead to criminal referral.
Unsuitability. Evidence that the person, because of temperament, substance abuse, or antagonism with beneficiaries, cannot fairly administer the estate.

What the court can order

Removal and appointment of a successor personal representative.
Temporary suspension pending a full hearing (to protect assets).
Limitation of powers (for example, ordering that certain transactions require court approval).
Bond or increased bond requirements to protect estate assets.
Accountings and surcharge: the court can order full accounting, require repayment of misused funds, and assess costs and attorneys’ fees against the personal representative.

Who can ask for removal

Interested parties — typically heirs, beneficiaries, creditors, or co-personal representatives — may petition the Probate and Family Court to remove the personal representative. The court will require notice to all interested persons and an opportunity for the personal representative to respond.

Procedure — how removal typically works in Massachusetts

Gather evidence and consider a demand letter. Before filing in court it is common to demand that the personal representative cure the issue (for example, provide an accounting). This can sometimes resolve the problem without court action.
File a petition in the Probate and Family Court. The petition should state the grounds for removal and the relief requested (removal, appointment of successor, accounting, bond, etc.). Use the local Probate and Family Court where the estate is being probated. For court information and local contacts see the Massachusetts Probate and Family Court page: https://www.mass.gov/orgs/probate-and-family-court.
Notice and provisional orders. The court will set a hearing and require notice to all interested parties. In urgent situations the petitioner can ask for a temporary order to freeze assets or temporarily suspend the personal representative’s powers.
Hearing and proof. The petitioner must present evidence (documents, bank records, bills, communications, witness testimony). The personal representative can present defenses (e.g., reasonable business judgment, that alleged acts were authorized, or that any accounting errors were mistakes that have been remedied).
Court decision and remedies. If the court finds cause, it can remove the personal representative, order a successor, require an accounting, and award monetary relief. The court may also order repayment of losses and payment of fees or costs.

What evidence helps a petition to remove an executor

Detailed inventory and list of estate assets, and any missing items.
Bank statements showing unauthorized withdrawals, transfers to the personal representative, or unexplained payments.
Communications (emails, letters, text messages) showing neglect, refusal to act, or self-dealing.
Affidavits from beneficiaries or witnesses describing instances of misconduct, refusal, or incompetence.
Failed filings or late inventories, accountings, or tax returns required by the court.

Practical timeline and costs

There is no fixed time frame. A straightforward petition can take a few months; complex disputes can take many months or longer. Filing fees and the likely need for lawyers make this potentially costly. If the estate suffers loss because of the personal representative’s conduct, the court can shift costs or attorneys’ fees to that person, but that is not guaranteed and often requires proof.

When to get a lawyer

Consider hiring an experienced probate attorney if the removal petition involves substantial estate assets, alleged theft, complicated accounting, contested litigation among beneficiaries, or criminal conduct. A lawyer can help assemble evidence, draft the petition, request temporary relief, and present the case at hearing.

Helpful Hints

Call the personal representative first. A written demand for an accounting or action can sometimes fix the problem without court intervention.
Preserve records immediately. Download bank statements, emails, bills, and other documents that show the personal representative’s actions.
Keep a chronological log. Note dates, events, and communications. Courts value organized facts.
Ask the court for interim relief if assets are at risk. Temporary freezes or removal can protect the estate while the matter is decided.
Look into bond requirements. If the personal representative is unbonded or has a low bond, ask the court to require or increase bond to protect beneficiaries.
Consider mediation for family disputes. Some contested matters resolve faster and cheaper through mediated settlement.
Use official resources. See Mass. Gen. Laws ch. 190B for the statutory framework: https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleI/Chapter190B, and visit the Probate and Family Court’s site for forms and local procedures: https://www.mass.gov/orgs/probate-and-family-court.

Example (hypothetical)

Suppose a decedent’s will names a sibling as personal representative. Beneficiaries discover that the sibling transferred two investment accounts into their own name and spent estate funds for personal vacations. The beneficiaries first demand an accounting. When the sibling does not return funds or provide records, one or more beneficiaries file a petition in the Probate and Family Court seeking removal, an accounting, repayment, and appointment of a successor. The court may temporarily suspend the sibling’s control of assets, appoint a temporary fiduciary, and after a hearing remove the sibling, order repayment, and assess costs.

Disclaimer: This article explains general legal principles and is not legal advice. Laws change and every matter depends on its facts. If you face a possible removal of a personal representative in Massachusetts, consult a qualified probate attorney or contact the Probate and Family Court for guidance on forms and procedures.