Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Yes. Under California Probate Code §8500 et seq., any person interested in an estate—such as a beneficiary, creditor or co-administrator—may petition the court to remove an estate administrator who willfully refuses or persistently neglects to perform required duties. Removal petitions follow these key steps:
- Identify your standing. You must be an interested person: a beneficiary under the will or by intestate succession, a creditor, or a co-administrator. (Prob. Code §8500.)
- Prepare and file the petition. File a verified petition for removal in the probate court that issued the letters. Explain the administrator’s failure—such as refusing to inventory assets, failing to account to beneficiaries, or neglecting to pay debts or taxes. Cite evidence like unanswered notices or missed deadlines. (Prob. Code §8500.)
- Give notice. Serve all interested persons with the petition and hearing date at least 15 days before the hearing. Interested persons include other beneficiaries, creditors and co-administrators. (Prob. Code §8510.)
- Attend the hearing. Present evidence showing willful refusal or persistent neglect. The administrator may respond and offer reasons for the delays.
- Court’s decision. If the court finds cause, it may remove the administrator and appoint a successor. It can also issue orders to compel accounting or surcharge the former administrator for losses. (Prob. Code §8511.)
Key statutes:
- Probate Code §8500 – Grounds and petition for removal of executor or administrator.
- Probate Code §8511 – Effect of removal and appointment of successor.
Helpful Hints
- Gather written communications, notices and accounting records to show missed obligations.
- Check Probate Code deadlines for filing accountings and notices to avoid waiver of your rights.
- Consider mediation or informal conference before formal removal if parties can resolve misunderstandings.
- Consult a probate attorney early to draft a precise petition and navigate local court rules.
- Be prepared to propose a qualified successor administrator if the court grants removal.