In short, yes. In Arkansas, the Court has the ability to remove an Administrator, Executor, or Executrix if they have mishandled the administration of the estate, if they have breached their duties in administering the estate, if they have done anything deceitful or dishonest, if they have misappropriated assets, if they have purposefully withheld or destroyed the Will, or if they have not adhered to the Arkansas laws on probate.
The most common reasons that we encounter for having an Administrator, Executor, or Executrix removed from their position with the estate is the misappropriation of assets which usually involves hiding assets, giving assets away, selling assets and keeping the money, or otherwise taking control of the assets outside of the purview of the Court. Other common reasons to have that person removed from the administration of the estate are if they are refusing to file the inventory, accountings, or taxes of the estate, if they are withholding information and the Will from the heirs and beneficiaries of the estate, or if they are legally disqualified from serving as an Administrator, Executor, or Executrix such as being a convicted felon.
There can be many reasons why an Administrator, Executor, or Executrix should be removed from their position with the estate and this is the source of significant estate litigation.
You should absolutely seek the advice of an experienced estate litigation attorney in determining if an Administrator, Executor, or Executrix should be removed from that position.
The information provided herein is for informative purposes only, it is not a complete description of Arkansas law, it is written for ease of understanding, and it does not constitute legal advice. You should seek specific legal advice for your particular case.
Located in Batesville, Melbourne, and Heber Springs, Arkansas, and serving all of Arkansas, Reeves Law Firm stands ready to handle any civil, estate, family law, guardianship, personal injury, probate, or any other litigation matters that may arise.
Reeves Law Firm primarily serves Independence County (Batesville), Jackson County (Newport), Sharp County (Ash Flat, Highland, Cherokee Village), Lawrence County (Walnut Ridge), Cleburne County (Heber Springs, Greers Ferry, Fairfield Bay), Izard County (Melbourne), Stone County (Mountain View), White County (Searcy), and Baxter County (Mountain Home).
Give us a call in Batesville, Arkansas, at (870) 793-0021
Give us a call in Heber Springs, Arkansas, at (501) 302-8383
Give us a call in Melbourne, Arkansas, at (870) 291-9374
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