Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Indiana law, you can ask the court to remove an estate administrator (also called a personal representative) if they refuse or fail to perform required duties. The probate court oversees the administration of estates and has authority to remove an administrator for misconduct, neglect, or failure to act.
Who May Petition
An interested person may file the petition. “Interested person” includes heirs, beneficiaries, creditors and other parties with a legal stake in the estate. See Indiana Code § 29-1-2-11.
Grounds for Removal
- Failure to qualify or post required bond.
- Refusal or neglect to file an inventory or account of assets.
- Misconduct, waste of estate assets, or breach of fiduciary duty.
- Incapacity, conflict of interest, or other disqualifying factors.
The court may remove a personal representative under Indiana Code § 29-1-7-6 when they neglect or refuse to perform their duties. Review the text at
IC 29-1-7-6 for full statutory language.
Procedure
- File a Petition for Removal in the probate court where the estate is pending.
- State the facts showing the administrator’s refusal or neglect.
- Attach any evidence, such as missed filing deadlines or lack of communication.
- Serve the petition on the administrator and other interested parties.
- Attend the court hearing. The judge will hear arguments and review evidence.
- If the court finds sufficient grounds, it will remove the administrator and appoint a successor under IC 29-1-7-18.
Helpful Hints
- Review the estate’s case file before filing to confirm missed deadlines.
- Document all attempts to communicate with the administrator in writing.
- Consult court rules for filing fees and form requirements.
- Consider mediation if the conflict arises from a misunderstanding.
- Keep beneficiaries informed of each step in the removal process.