What happens if the Executor or Administrator fails to perform his or her fiduciary duty as required by statute and the Probate Court?

An Executor or Administrator who is derelict in his or her fiduciary duty would be removed by the Probate Court from that position. In addition, if any dereliction or improper behavior causes an undue financial hardship to the estate, the Executor or Administrator may be personally liable for monetary damages caused to the estate.