May I Petition a Court to Remove an Estate Administrator Who Refuses to Fulfill Their Duties? – CO | Colorado Probate | FastCounsel
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May I Petition a Court to Remove an Estate Administrator Who Refuses to Fulfill Their Duties? – CO

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance.

Detailed Answer

Yes. Under Colorado law, interested parties may petition the probate court to remove a personal representative (commonly called an estate administrator) who fails to perform required duties. The governing statute is Colorado Revised Statutes § 15-12-404, which authorizes removal for neglect, misconduct, or failure to comply with court orders. See Colorado Revised Statutes § 15-12-404 (leg.colorado.gov/statutes/15-12-404).

Grounds for removal include:

  • Neglecting to gather or protect estate assets.
  • Failing to file an inventory or account as ordered.
  • Misappropriating funds or other misconduct.
  • Incapacity or conflict of interest impairing performance.

To start the removal process:

  1. Draft a Petition: Prepare a written petition stating facts and legal grounds under C.R.S. § 15-12-404.
  2. File with the Court: Submit the petition in the county where the estate probate is pending.
  3. Serve Notice: Notify the current personal representative and all interested parties, such as heirs and creditors.
  4. Attend Hearing: Present evidence at the probate hearing. The court examines proof of neglect or misconduct.

If the court finds good cause, it may remove the personal representative and appoint a successor under Colorado Revised Statutes § 15-12-407. See C.R.S. § 15-12-407.

Helpful Hints

  • Document all instances of neglect or misconduct with dates and evidence.
  • Check court rules for filing fees and local probate procedures.
  • Maintain clear communication with other interested parties.
  • Consider mediation if disputes arise before formal removal.
  • Consult an attorney early to evaluate the strength of your petition.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.