How do I Request That a Personal Representative Be Replaced?

The court has power to disqualify and remove a personal representative if he fails to perform his duties.

The personal representative is appointed by the court to manage the estate and follow through with probate proceedings. The representative is extremely important because he is in charge of managing assets, paying lingering expenses like mortgage and utilities and distributing property to heirs and beneficiaries, among other things. If the personal representative is ineffective in carrying out his duties, there is a straightforward procedure to request he be replaced. Any beneficiary, heir or unpaid creditor is eligible to place the request.

Instructions

1. Go to the original court office that approved the personal representative. This is usually the specific county civil court in charge of probate matters.

2. 

   Necessary paperwork may vary by state and county, so it would be wise to conduct research pertaining to your specific location.

   File the necessary paperwork to petition the court. Paperwork may vary by state and county, but you will need to file an Affidavit or Declaration under Penalty of Perjury to appeal for restriction or revocation of the personal representative's powers. You must provide a legitimate reason for your request. Incompetency, neglect and fraud are some "just causes" for removal.

3. Prepare for the court's official response as well as the possibility of a hearing. Although the waiting period varies by state and county, the court has a certain number of days to make a decision. The court will call a hearing and order the personal representative into court. The court will then make the final decision to revoke or terminate the personal representative's power at the hearing.

Tips & Warnings

• While an experienced attorney is not necessary, it is always helpful to consult one. She can discuss your concerns about the personal representative's actions and educate you on your options.

• This article is not to be construed as your sole legal advice. When in doubt, always seek legal counsel.

References

• Washington Probate Litigation: Personal Representative Removal
• State Bar of Wisconsin: Probate
• Superior Court of California County of Santa Clara: How to Probate a Decedent's Estate
• Deloughery Law Office, PLC: Removing a Personal Representative or Trustee

Resources

• The Lectric Law Library: What is Probate