By Hogan & Hogan • Updated December 10, 2025

What to Do if the Executor of an Estate Is Not Acting Properly

If you are concerned about how an Executor is handling a loved one’s Estate, you do not have to figure this out alone. Learn more about how a Tennessee probate and estate administration attorney can help you review the situation and protect your rights as a beneficiary.

What Is the Executor Required to Do?

When someone passes away, the Executor (sometimes called a “Personal Representative”) is responsible for managing the Estate through the probate process. Typical Executor duties include:

• Locating the will and filing it with the appropriate probate court
• Identifying, gathering, and safeguarding Estate assets
• Notifying creditors and paying valid debts and expenses
• Keeping accurate financial records of all income, payments, and distributions
• Following the terms of the will when distributing property
• Communicating reasonably with beneficiaries and interested parties

An Executor must act in the best interests of the Estate, not for personal benefit. They should not hide information, misuse funds, ignore the terms of the will, or favor one beneficiary over another without legal justification.

Recognizing Signs the Executor May Not Be Acting Properly

Not every delay means the Executor is doing something wrong. Probate can be slow and paperwork-heavy. However, certain patterns should raise concern, such as:

• Refusing to provide basic updates about the Estate
• Ignoring reasonable requests for information or documents
• Hiding or withholding copies of the will, inventories, or accountings
• Taking property or money from the Estate without explanation
• Showing favoritism toward certain heirs or beneficiaries
• Making decisions that seem to contradict the will’s terms
• Unexplained delays in paying bills or making distributions

FAQ: How do I know if delays are “normal” or a problem?

Probate often takes months and sometimes longer than a year, depending on the size of the Estate, creditor claims, and court schedules. Delays become concerning when the Executor refuses to explain what is happening, cannot provide basic documentation, or appears to be using Estate assets for personal purposes.

Step 1: Request Information and an Accounting

Beneficiaries have the right to be reasonably informed about the Estate. If communication has broken down, a good first step is to make a clear, written request for information. This could include asking for:

• A general status update on where things stand in probate
• A copy of the will, if you have not already received one
• A list or inventory of known Estate assets and debts
• Explanations for significant delays or unusual decisions
• A formal accounting of the Estate’s finances

FAQ: What if the Executor refuses to give me an accounting?

If an Executor will not provide basic information or a proper accounting, that can be a significant warning sign. In some situations, your attorney can ask the court to order the Executor to account for Estate assets and transactions. Failure to comply with court orders can become grounds to remove the Executor.

Step 2: Speak with a Probate Attorney

If your concerns are not resolved through communication, it is wise to consult a probate attorney. An attorney can:

• Review the will, court filings, and any accountings you have received
• Explain your rights as a beneficiary under Tennessee law
• Evaluate whether the Executor’s conduct appears improper or unlawful
• Communicate with the Executor or their attorney on your behalf
• Advise you on whether court intervention is appropriate

FAQ: When should I contact an attorney about the Executor?

Consider speaking with a lawyer if:

• You have repeatedly asked for information and received little or no response
• You suspect funds are missing or being misused
• The Executor is making decisions that contradict the will
• Family conflicts are escalating and communication has broken down

Step 3: Asking the Court to Remove or Replace the Executor

When an Executor continues to act improperly, beneficiaries may have the option to ask the probate court to remove or replace them. Courts may consider removal when there is evidence of:

• Mismanagement or waste of Estate assets
• Dishonesty, fraud, or self-dealing
• Refusal to follow the terms of the will or court orders
• Serious conflicts of interest
• Failure to file required inventories, reports, or accountings
• Prolonged inaction that harms the Estate or beneficiaries

FAQ: How does the process to remove an Executor work?

Typically, your attorney files a petition or motion asking the court to remove the Executor and explaining why. The Executor may respond, and the court can hold a hearing. Evidence—such as financial records or correspondence—may be required to show why removal is necessary.

Protecting the Estate and the Heirs

Dealing with an Executor who is not acting properly can feel overwhelming, especially while grieving. However, beneficiaries are not powerless. By:

• Requesting information in writing
• Keeping organized documentation
• Consulting an experienced probate attorney
• Seeking court intervention if necessary

you can help ensure the Estate is handled fairly and according to your loved one’s wishes.

Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every situation is different—consult a licensed Tennessee probate attorney about your specific circumstances.