Disclaimer: This article provides general information and does not constitute legal advice.
Detailed Answer
Under Arkansas law, any interested person may petition the court to remove an estate administrator who fails to carry out duties faithfully. The Arkansas Probate Code (Title 28) governs removal of personal representatives. Ark. Code Ann. § 28-24-212 allows removal for misconduct or neglect. Ark. Code Ann. § 28-24-214 lists specific grounds for removal, including failure to account, conflict of interest, mismanagement, or refusal to perform required services.
Grounds for Removal
- Neglecting to distribute assets as ordered (Ark. Code Ann. § 28-24-214)
- Failing to file inventories or accounting (Ark. Code Ann. § 28-24-214)
- Misappropriating estate property
- Conflict of interest or other misconduct
Petition Process
- File a verified petition in the probate court where the estate is pending.
- State the grounds for removal clearly, referencing specific omissions or misconduct.
- Serve notice on the administrator and all interested parties as required by the Arkansas Rules of Civil Procedure.
- Attend the court hearing and present evidence such as accountings, communications, or beneficiary statements.
- If the court finds sufficient cause, it may remove the administrator and appoint a successor under Ark. Code Ann. § 28-24-215.
Timely action is crucial. Waiting too long may harm your ability to gather evidence or halt continued mismanagement.
Helpful Hints
- Gather documentation of missed deadlines, financial statements, and correspondence.
- Review the letters of administration and the probate court docket.
- Consider mediation with other beneficiaries before filing a petition.
- Prepare a clear timeline of the administrator’s failures.
- File the petition promptly to prevent further harm.
- Keep all parties informed by providing proper notice.
- Consult a qualified attorney for tailored advice and courtroom representation.