What happens if the personal representative fails to perform his or her duty?
An executor or administrator who is derelict in his or her duty is personally liable for damages caused in the administration of the estate. Liability may arise from improperly managing the assets of the estate, failing to collect claims and moneys due the estate, overpaying claimants, selling an asset without the authority to do so, or at an inappropriate price, neglecting to file tax returns on time, distributing property to the wrong beneficiaries, etc. This means that the Personal Representative might wind up paying for the loss out of his or her own pocket.
An administrator who fails to perform his or her duties is personally liable for all damages caused in the administration of the estate. Improperly managing the assets of the estate, overpaying claimants, failing to collect claims and money due to the estate, selling an asset without the proper authority and distributing property to the wrong beneficiaries are some areas where liability may arise. This means the personal representative my end up paying for the loss out of his or her own pocket.
