Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under Alabama law, you can ask a probate court to remove an estate administrator (also known as a personal representative) who fails to fulfill their duties. The key statute is Ala. Code § 43-2-165, which authorizes removal for misconduct, neglect of duties, mismanagement of estate assets, or failure to obey court orders. See Ala. Code § 43-2-165 (1975), available at alisondb.legislature.state.al.us/acas/codeofalabama/1975/43-2-165.htm.
Here’s how the process typically works:
- Identify Grounds for Removal. Document specific breaches: missed deadlines, refusal to file inventories, improper distribution of assets, or ignoring court instructions.
- Prepare a Petition. File in the same probate court handling the estate. State your legal grounds under § 43-2-165 and attach evidence such as correspondence, accountings, or court filings.
- Serve Interested Parties. Notify all heirs, beneficiaries and creditors of your filing. Proper notice ensures the court can consider all viewpoints.
- Attend the Hearing. At the hearing, present facts showing the administrator’s failure to act in the estate’s best interest. The administrator may respond with their own evidence.
- Court Decision and Appointment of Successor. If the court finds sufficient cause, it will remove the administrator and may appoint a successor under Ala. Code § 43-2-12 (1975). See Ala. Code § 43-2-12.
In addition, if the administrator mismanaged funds or breached their fiduciary duty, you may seek a surcharge under Ala. Code § 43-2-162. See Ala. Code § 43-2-162.
Helpful Hints
- Review the estate inventory and accountings before filing.
- Gather clear documentation of missed deadlines or financial discrepancies.
- Consult a probate attorney to ensure your petition meets procedural requirements.
- Confirm service of process on all interested parties to avoid delays.
- Be ready to propose a capable successor administrator and explain why they qualify.