Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Colorado law, a personal representative (formerly called executor or administrator) may be removed for cause, including misappropriation or mishandling of estate assets. The governing provisions appear in Title 15, Article 12 of the Colorado Revised Statutes (C.R.S.).
1. Grounds for Removal
Colorado Revised Statutes § 15-12-1003 (C.R.S. § 15-12-1003) authorizes removal if the representative:
- Misappropriates or wastes estate assets;
- Fails to comply with court orders or C.R.S. § 15-12-1101 (notice and accounting requirements);
- Fails to perform duties diligently and in good faith.
2. Preparing the Petition
File a Petition for Removal of Personal Representative in the probate court handling the decedent’s estate. The petition should include:
- Case number and decedent’s name;
- Name and address of the personal representative;
- Clear factual allegations of mishandling (dates, amounts, documents);
- Request for removal and appointment of a successor.
3. Filing and Service
File the petition with the county probate clerk and serve it on:
- The personal representative;
- All interested parties (heirs, beneficiaries) as defined in C.R.S. § 15-12-1101;
- Any person with priority to serve as successor.
4. Court Hearing
The court schedules a hearing. At the hearing you must present evidence of misconduct—bank statements, communications, affidavits. The personal representative may offer a defense. The court applies a preponderance of the evidence standard.
5. Removal Order and Successor Appointment
If the court finds cause, it issues an order removing the personal representative and may appoint a successor under C.R.S. § 15-12-1005. The successor assumes duties and must post any required bond.
Helpful Hints
- Keep detailed records: bank statements, invoices, correspondence.
- Obtain the estate’s probate file number from the county clerk.
- Meet all notice and filing deadlines to avoid delays.
- Consider mediation if parties agree—it can speed resolution.
- Consult a probate attorney early to ensure compliance with local court rules.