{"id":286993,"date":"2022-05-16T11:35:42","date_gmt":"2022-05-16T16:35:42","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/estate\/estate-administration\/can-i-sue-an-executor-of-a-will.html"},"modified":"2025-08-28T10:26:00","modified_gmt":"2025-08-28T15:26:00","slug":"can-i-sue-an-executor-of-a-will","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/estate\/estate-administration\/can-i-sue-an-executor-of-a-will.html","title":{"rendered":"Can I Sue an Executor of an Estate?"},"content":{"rendered":"\n
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Can I Sue an Executor of a Will?<\/h1>\n\n
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\n By Oni Harton, J.D.<\/a> | Legally reviewed by Aisha Success, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Yes, you can sue an executor of a will if you have standing to inherit or you are a creditor. If the executor acts dishonestly or carelessly in managing and distributing the estate’s property and you stand to inherit under the will, you may be able to bring legal action to have them removed.<\/p>\n\n <\/div>\n\n\n\n

If you are a creditor with a priority claim against the estate and the executor fails to pay you, you can sue.\u00a0<\/span><\/p>\n

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This article explains your legal options for suing an executor of a will\u2014whether you’re a beneficiary or a creditor with a rightful claim. You can also talk to a probate and estate attorney<\/a> for legal advice. An attorney can assess whether the executor breached their legal duties and guide you through the process of filing a claim in probate or civil court.<\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n

What Is an Executor of an Estate?<\/b><\/h2>\n

When someone dies, the deceased person is called the decedent. Their property becomes part of the decedent’s estate<\/a>. If a decedent executed a will<\/a> before their\u00a0death, it must be filed with a probate court if the estate has probate assets to distribute. The decedent\u2019s will should name an executor to undergo the court-supervised process of estate administration<\/a> known as probate<\/a>.<\/p>\n

State laws vary significantly in how to administer a will in probate. For example, some assets\u2014 such as retirement accounts, property owned jointly, and property held in trust<\/a> do not go through probate.<\/p>\n

As part of the probate process, the probate court appoints an executor<\/a> (in some states, they are called personal representatives) if the will does not name one. Be sure to check with the decedent\u2019s estate planning attorney first to confirm the decedent did not name an executor in their will.<\/p>\n

A spouse or other close family member is a\u00a0common choice. The executor is legally authorized to act on behalf of the decedent’s estate during its administration. An executor must act in good faith and in the best interest of the estate.<\/p>\n

What Does the Executor of an Estate Do?<\/h2>\n

Generally speaking, the executor\u2019s duties include the following:<\/p>\n