When An Executor Fails: What To Do If You Suspect Mismanagement Of An Estate

Losing a loved one is tough. But dealing with the estate can be a whole other headache, especially if the person they picked as executor (or “personal representative”) isn’t handling things as they should. 

The executor’s job is to wrap up the estate: collect assets, pay debts, file taxes, and distribute property according to the will. 

Sometimes, you start noticing little things. If you suspect the executor is acting negligently or, worse, in their own self-interest, knowing your rights under Georgia probate law can really save you a lot of headaches. 

Hi, in today’s blog, I will talk about what you must do when the executor is mismanaging an estate. 

Understanding The Executor’s Legal Duties

Executors are fiduciaries. That’s legal jargon for “they’re supposed to put the estate—and beneficiaries—first.” They’re expected to handle everything honestly, carefully, and transparently. Sounds simple, but in practice… well, people slip.

Big responsibilities include:

• Inventory and accounting: Listing all assets and debts accurately (not just “I think there’s $5,000 in the account”).
  
• Preservation of assets: Making sure nothing gets lost, stolen, or wasted.
  
• Payment of debts and taxes: Clearing what’s owed before handing out anything.
  
• Impartiality: Treating all beneficiaries fairly and following the will.
  
• Timely administration: Avoiding unnecessary delays. Nobody wants an estate stuck in limbo forever.
  

If an executor ignores these duties—whether through incompetence or outright bad behavior—it can hit beneficiaries hard. And, unfortunately, this kind of thing happens more often than most people realize.

Signs Of Executor Mismanagement

It’s tricky to tell the difference between normal probate delays and actual mismanagement. But a few red flags usually pop up:

• Lack of communication: No updates, missing documents, or refusal to share accounting reports.
  
• Unexplained delays: The estate just… sits there. Years go by, and nothing seems to happen.
  
• Missing assets: Money or property disappears, or things get sold without notice.
  
• Conflict of interest: The executor benefits personally from estate transactions.
  
• Failure to pay taxes or debts: Neglecting these can cost the estate penalties—or worse.
  
• Ignoring court deadlines or obligations: Skipping filings, inventories, or other requirements.
  

Not every delay means something shady. But if there’s secrecy or self-dealing over and over… yeah, that’s probably a problem.

What Georgia Law Says About Executor Misconduct

In Georgia, probate courts keep an eye on executors to make sure estates are handled properly. They answer both to the court and the beneficiaries.

Under O.C.G.A. § 53-7-55, an executor can be removed if they:

• Mismanage or waste estate property
  
• Fail to file required returns or inventories.
  
• Act against the estate’s interests.
  
• Become unable or unfit to serve
  

Beneficiaries or other interested parties can ask the court to force an accounting or remove the executor. If the court finds misconduct, it can:

• Remove the executor
  
• Appoint a new executor or administrator.
  
• Order repayment for lost funds
  
• Hold the executor personally liable for damages.
  

Steps To Take If You Suspect Mismanagement

So, what do you actually do if you think the executor is dropping the ball? Here’s a practical roadmap:

1. Document Everything

Start collecting everything—don’t leave anything to memory:

• Will, inventories, court notices
  
• Bank statements, transaction records
  
• Emails, texts, letters with the executor
  
• Proof of missing or misused assets
  

The more you have, the stronger your case if legal action becomes necessary. Trust me, courts love paperwork.

2. Request An Accounting

You’re entitled to a formal accounting listing all assets, debts, expenses, and distributions.

If the executor refuses? Georgia law lets you petition the court to make them do it. Usually, that’s the first step in figuring out what’s going on.

3. Communicate (If Possible)

Sometimes, it’s just a misunderstanding—or maybe they’re overwhelmed. If it makes sense, reach out directly and ask for clarification.

But if they dodge you, get defensive, or just stonewall… yeah, that’s when you call a lawyer.

4. Hire An Estate Litigation Attorney

A skilled attorney can look at what’s going on, figure out if the executor breached duties, and map out your options. They can:

• Demand formal accountings
  
• File motions to compel action
  
• Petition for removal
  
• Recover lost assets or damages.
  

Sometimes, just having a lawyer involved is enough to make the executor behave.

5. File a Petition to Remove the Executor

If problems continue, your attorney can file a petition in probate court to:

• Remove the executor
  
• Appoint a replacement
  
• Possibly order restitution for losses.
  

Courts take these petitions seriously, especially if you have good documentation and witnesses.

6. Consider Mediation

Before going full-on litigation, mediation can sometimes save time—and your nerves. A neutral mediator can help everyone agree on accounting or distributions without dragging it through court forever.

Potential Legal Remedies

If the court confirms the executor messed up, a few remedies are possible:

• Removal of the executor: They’re out, new person in. Simple.
  
• Surcharge orders: They may have to repay money or restore value.
  
• Denial of executor fees: No pay if they acted improperly.
  
• Civil damages or sanctions: In severe cases, the executor may face personal liability for financial harm or legal costs.
• Criminal charges: If there’s evidence of theft, embezzlement, or fraud, the matter may be referred for criminal prosecution.

How To Prevent Executor Mismanagement?

• Pick your executor wisely.
• Consider co-executors or professionals
• Clear instructions in your will
• Talk about your wishes while alive
• Update your estate plan

A good estate attorney can make sure your documents are clear, enforceable, and minimize fights down the line.

When To Seek Legal Help?

Timing matters. Probate deadlines and statutes of limitation can bite if you wait too long. Call an estate attorney ASAP if:

• The executor refuses an accounting.
  
• Assets are missing or sold.
  
• You’re excluded from estate information.
  
• The estate is open unusually long with no progress.
  

Acting early protects your inheritance, preserves estate value, and holds the executor accountable.

An Attorney Steps In When An Executor Fails 

From demanding transparency to petitioning for removal, Georgia law gives you ways to correct mismanagement and protect your loved one’s legacy.

If you think an executor isn’t doing their job, don’t wait. An experienced estate attorney can guide you, advocate for your rights, and help restore fairness.

At Garrett Murphy Law LLC, we help Georgia families navigate estate administration and probate disputes. 

Whether it’s an uncooperative executor or avoiding future conflicts, we’re here to protect your inheritance and your sanity.