What happens if an executor fails to distribute assets?

If an executor fails to distribute assets in South Carolina, the beneficiaries may file a complaint with the court that issued the probate. The court will review the complaint and, if necessary, can issue a citation requiring the executor to appear before the court to explain why the assets have not been dispersed. If the court finds that the executor has not acted in accordance with the probate process, the executor can be held in contempt and fined. The court may also order the executor to disburse the assets per the terms of the will. If the executor still fails to do so, the court may appoint a temporary executor to take over the duties of the original executor. The court may also remove the executor completely and appoint a new one. In some cases, the court may order that assets be taken from the executor’s assets to satisfy the debts or liabilities of the estate. This could include money that was due to the beneficiaries, creditors, or tax authorities. If none of these measures works, the court may enter a judgment against the executor, allowing a beneficiary to collect the assets out of the executor’s personal property.

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What happens if an executor fails to distribute assets?

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