Executors and Administrators

As a general rule, executors and administrators are required to take an oath as prescribed by statute before beginning their duties. The taking of the oath constitutes acceptance of the office.

In some jurisdictions, statutes require the executor or administrator of an estate to file a bond to protect those interested in the estate. The amount of an executor's or administrator's bond will be forfeited if the representative is found to have deliberately mismanaged the estate.

The authority of an executor or administrator terminates only when the estate has been completely administered or the executor dies, resigns, or is suspended or removed. An executor can be removed from office for grounds specified by law, such as mismanagement, waste (abuse or destruction of the property), disloyalty, improper administration, NEGLIGENCE, or other misconduct in the administration of the estate. A representative can also be removed for failure to file a proper inventory, accounts, or tax returns within the required time; for failure to comply with a court order requiring him or her to furnish a bond; or for bankrupting the estate. The representative should be removed where personal interests conflict with official duties or where there is such enmity between the personal representative and the beneficiaries that it might interfere with proper management of the estate.