Detailed Answer
Under Idaho law, the probate court has authority to remove an estate administrator (also called a personal representative) who fails to perform required duties. The process is governed by Title 15, Chapter 3 of the Idaho Statutes (Administration of Estates). You may petition in the county where the estate is pending.
1. Who may petition? Any interested person may file. Interested persons include heirs, beneficiaries, or creditors of the estate. (See Idaho Code § 15-3-202—Notice of appointment.)
2. Grounds for removal. You must show the administrator is neglecting duties, mismanaging assets, refusing to account, or otherwise acting in bad faith. Idaho Code § 15-3-204 authorizes removal for neglect of duty, misconduct, gross mismanagement, or conflict of interest. I.C. § 15-3-204
3. Filing the petition. Prepare a written petition stating: (a) your interest in the estate; (b) the administrator’s name; (c) specific facts showing refusal to act or misconduct; and (d) the relief you seek (removal and successor appointment). Attach copies of letters of administration and any correspondence evidencing nonperformance.
4. Serving notice. Serve the petition on the administrator and all interested persons, including heirs and known creditors. Comply with Idaho Code § 15-3-202 for service requirements. I.C. § 15-3-202
5. Court hearing and decision. The court will schedule a hearing. You may present evidence such as bank statements, communications, or witness testimony. The administrator may defend their actions. If the court finds sufficient cause, it can remove the administrator and appoint a successor. The court may also order the former administrator to turn over estate assets immediately.
6. After removal. Once removed, a successor (often a family member or creditor) is appointed. The successor must qualify by filing bond and taking an oath. They then manage the estate to completion, including marshaling assets, paying debts, and distributing inheritance under Idaho Code § 15-3-701 et seq.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Document every instance of nonperformance: keep emails, letters, and notes.
- Review the original letters of administration for deadlines and bond requirements.
- Gather statements showing estate assets and transactions.
- Identify all interested parties early to ensure proper service.
- Consider mediation before filing if the administrator is open to communication.