Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
1. Understanding the Role of a Personal Representative
In Delaware, a personal representative (sometimes called an executor or administrator) manages the deceased person’s estate. Duties include gathering assets, paying debts and distributing property according to the will or Delaware’s intestacy rules (12 Del. C. §§ 1311–1312, https://delcode.delaware.gov/title12/c039/index.html#1311).
2. Grounds for Removal
A court may remove a personal representative for misconduct, neglect or breach of fiduciary duty. Common grounds include:
- Misappropriating estate assets
- Failing to file required inventory or accountings
- Refusing to distribute assets
- Conflict of interest or self-dealing
Delaware law provides for removal of fiduciaries under 12 Del. C. § 3912 (link) and for breach of duty under 12 Del. C. § 3919 (link).
3. Step-by-Step Removal Process
- Confirm Standing. Only an interested person—such as a will beneficiary, heir or creditor—can petition for removal.
- Gather Evidence. Compile documentation of alleged mishandling: bank statements, accountings, correspondence and appraisals.
- Draft and File the Petition. File a “Petition for Removal of Personal Representative” in the Register of Wills or Court of Chancery, depending on where the estate is pending. Include:
- Case caption and estate docket number
- Names of the decedent and personal representative
- Statement of facts detailing misconduct
- Citation to relevant statutes (12 Del. C. §§ 3912, 3919)
- Relief sought (removal and appointment of successor)
- Serve Notice. Serve the personal representative and all interested parties in accordance with Delaware Court of Chancery Rule 4 or Register of Wills procedures.
- Attend Hearing. The court will schedule a hearing. Present evidence and witness testimony. The personal representative may defend their actions.
- Court Decision. If the court finds clear and convincing evidence of misconduct, it will remove the representative and appoint a successor under 12 Del. C. § 3914 (link).
- Follow-Up Filings. The newly appointed representative must notify creditors, file inventories and accountings, and continue estate administration.
Helpful Hints
- Act promptly: Delaware limits challenges once assets are distributed.
- Keep records: Detailed documentation strengthens your petition.
- Consider mediation: Alternative dispute resolution can be faster and less costly.
- Know fees: Filing fees vary between the Register of Wills and Court of Chancery.
- Consult counsel: Even informal advice can help you navigate procedural rules.