Can You Remove an Executor in Kentucky?
When someone passes away and their will names an executor, that person is entrusted with a serious responsibility: managing the estate, paying debts, and distributing assets to beneficiaries. But what happens when the executor isn’t doing their job — or worse, is actively mismanaging the estate? Kentucky law gives beneficiaries and interested parties the right to seek removal of an executor who has failed in their duties.
What Does an Executor Do?
An executor (also called a “personal representative”) is responsible for marshaling the estate’s assets, notifying creditors, paying valid debts and taxes, maintaining estate property, filing required court documents, and ultimately distributing the remaining assets according to the terms of the will. These aren’t optional duties — they’re legal obligations imposed by Kentucky statute and the fiduciary relationship itself.
Grounds for Removing an Executor in Kentucky
Under KRS 395.150, a court may remove a fiduciary (including an executor) for cause. Kentucky courts have recognized a number of grounds that justify removal, including:
Failure to act. If the executor simply isn’t doing anything — not filing inventories, not paying bills, not communicating with beneficiaries — that inaction alone can be grounds for removal. Beneficiaries shouldn’t have to wait indefinitely for an executor to get around to their obligations.
Waste or mismanagement of estate assets. An executor who allows property to deteriorate, makes imprudent investments, or fails to collect debts owed to the estate may be removed for mismanagement.
Self-dealing. An executor who uses estate assets for their own benefit — paying themselves unauthorized fees, living in estate property rent-free, or commingling estate funds with personal accounts — has breached their fiduciary duty and can be removed.
Conflict of interest. When an executor’s personal interests are so adverse to the estate that they can’t serve impartially, removal may be appropriate.
Failure to file required accountings. Kentucky law requires executors to file periodic settlements with the court. An executor who refuses or fails to account for estate assets is not fulfilling a basic requirement of the role.
How the Removal Process Works
To remove an executor, an interested party files a motion or petition with the district court that has jurisdiction over the probate case. The petition should set out the specific facts that justify removal. The executor is entitled to notice and an opportunity to respond — this isn’t an ex parte process. The court will hold a hearing, consider the evidence, and determine whether removal is warranted.
If the court removes the executor, it will appoint a successor — either the alternate named in the will, or an administrator chosen by the court if no alternate is available.
Can You Also Recover Damages?
Yes. If the executor’s misconduct caused financial harm to the estate, beneficiaries can seek a surcharge — essentially holding the executor personally liable for the losses caused by their breach of fiduciary duty. This is separate from the removal itself and can result in the executor having to repay the estate out of their own pocket.
If you’re dealing with an executor who isn’t doing their job or is mishandling estate assets, you don’t have to just wait and hope things improve. Call me at (859) 225-9540 or reach out through the contact form to discuss your options.
Joseph D. Buckles is a probate litigation attorney at Buckles Law Office, PLLC in Lexington, Kentucky.
