Detailed Answer
Under Alabama law, you may petition the probate court to remove a personal representative (also called an executor or administrator) for cause, including mishandling estate assets. The key statute is Ala. Code § 43-2-810, which authorizes removal of a fiduciary for misconduct.[§ 43-2-810]
To begin, file a written Petition for Removal in the probate court where the estate is being administered. In that petition, you must:
- Identify yourself and your interest in the estate (e.g., heir, beneficiary).
- Name the personal representative and describe the alleged misconduct, such as misappropriation of funds, failure to account, conflicts of interest, or breach of fiduciary duty.
- Cite any evidence, including bank statements, creditor claims, or sworn affidavits.
- Request relief, such as removal of the current representative, surcharge for losses, and appointment of a successor.
After filing, serve a copy of the petition and a summons on the personal representative and all interested parties (heirs and creditors). The court will schedule a hearing, generally within 30 to 45 days, but timing may vary by county.
At the hearing, the petitioner has the burden to prove misconduct by a preponderance of the evidence. The personal representative may present evidence or witnesses to rebut the allegations. The court may:
- Continue the hearing for additional proof or mediation.
- Remove the personal representative if it finds clear cause.
- Order the removal with surcharge, requiring repayment of mismanaged funds.
- Appoint a successor fiduciary to step in and complete estate administration.
Upon entry of the removal order, the court clerk will issue letters of office to the successor representative. That person must then account for all estate actions to date and continue administration under court supervision.
Helpful Hints
- Review Ala. Code § 43-2-810 early to understand grounds for removal.
- Gather clear, documented evidence of asset mismanagement before filing.
- Serve all interested parties properly to avoid delays or dismissal.
- Consider mediation if assets are small and disputes are narrow.
- Keep detailed records of every court filing, service, and hearing.
- Consult a probate attorney for complex estates or contested matters.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.