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Can an Executor Be Removed Just For Being Slow?

Bequests in the News

CCK Law has often noted that one of the primary benefits of attentive bequest management is the acceleration of distributions. This statement is not simply a marketing slogan, nor is it just a rephrasing of the truism that it is better to receive a gift now than six months from now.

Prompt distribution reduces the risk of waste/loss of assets. The longer an estate lingers, the greater chance of a calamity: a house burns down, the stock market collapses or the temptation to self-enrich finally overtakes the executor. Recently, a Pennsylvania appellate court had the opportunity to decide whether delayed administration, without more, can warrant removal of an executor. (Hint: It can!)

The Estate of Linda Cook

Linda Cook died in 2021. She left a substantial estate ($4.5 million), which included gifts to three healthcare charities. Administration was sluggish and the probate court’s audit of the first accounting noted several areas of concern, among them the executor’s failure to make progress on the liquidation and distribution of estate assets.

Given the significant bequests to charities, the court forwarded the case to the state Attorney General (AG) for review. The AG concurred with the negative assessment and found additional troubling issues. The AG petitioned the probate court for removal and replacement of the executor. The court granted the petition, rejecting the executor’s position that “in the absence of dishonesty” delay does not justify removal. The executor challenged the ruling in Superior Court, but to no avail.

What the Court Found

We were able to retrieve the lengthy unpublished opinion of the probate court, which analyzed in detail how the executor’s lackadaisical approach to administration increased expenses unnecessarily and reduced the value of Ms. Cook’s estate. The court concluded that the executor “fail[ed] to perform the duty imposed upon him by law to promptly liquidate and distribute Estate assets” (emphasis added).

The decision noted, for example, that years after Ms. Cook’s death “approximately half of the value of the Estate [remained] at risk in investment accounts” instead of being deposited in safe money market funds while awaiting distribution.

CCK Comment: The fundamental responsibility of a bequest manager is to make sure that the executor (or personal representative or trustee) does her job. An essential part of that job is moving the administration of the estate forward at a brisk pace.

In Re: Linda J. Cook, No. 349-2022 (Ct. Common Pleas, Erie County, 2024), affirmed 2025 WL 2320604 (Pa. Super. 2025).

Originally posted on February 5, 2026, on our LinkedIn.