when to seek removal of will's administrator?

[Darren Pliler]

Jurisdiction

Tennessee

Parent's estate has been in probate for one year without reasonable action taken to distribute inheritances to beneficiary, and close probate/estate.

How much time needs to lapse in probate before beneficiaries may contest court to dismiss executor (for incompetency) and reappoint new executor of a will?

 

[adjusterjack]

Depends on the size of the estate. Large estates can take years. Small estates not so much.

You're going to have to pay a lawyer to litigate the matter so you might as well call a few, provide details about the estate and why you think the executor is incompetent. Discuss any options that might be available to you.

 

[Zigner]

Parent's estate has been in probate for one year without reasonable action taken to distribute inheritances to beneficiary, and close probate/estate.

How much time needs to lapse in probate before beneficiaries may contest court to dismiss executor (for incompetency) and reappoint new executor of a will?

Define "reasonable action."

 

[retic]

Have you pulled the probate case file to see what the executor has done to date, e.g. submitted list of assets, published public notices to creditors, compiled the list of creditors, etc?

My mom's estate (in WV) took almost two years to finalize because the we kept finding more assets the deeper we dug into her financials; her records were a mess.

 

[zddoodah]

Beneficiaries may contest at any time. It's a fact-specific inquiry, and the only fact you provided is that one year has passed. By itself, that means nothing since not every estate can be concluded in a year. If you're one of the beneficiaries and are concerned about what's been happening, feel free to consult with a local attorney.