Detailed Answer
If you believe a personal representative (also called an executor or administrator) is mismanaging or misappropriating estate assets, Indiana law allows interested parties to petition the probate court to remove and replace that individual. This process is laid out in Indiana Code §29-1-7-6 (IC 29-1-7-6).
1. Identify Grounds for Removal
You must show “good cause” for removal. Typical grounds include:
- Failure to account for estate assets or file a final accounting.
- Theft, fraud, self-dealing, or improper transfer of funds.
- Gross negligence or willful misconduct in administering the estate.
- Conflict of interest harming estate beneficiaries.
- Incapacity or unavailability to perform duties.
2. File a Petition in Probate Court
File a written petition in the county probate court where the estate is pending. Include:
- The estate case number and name.
- Your relationship or interest in the estate.
- Detailed allegations of mismanagement with dates, transactions, and supporting evidence.
- Request to remove the current personal representative and appoint a successor.
3. Serve Notice
Serve the petition and any hearing notice on:
- The personal representative named in your petition.
- All heirs, beneficiaries, and known creditors per Indiana Code §29-1-7-3 (IC 29-1-7-3).
4. Attend the Hearing
The court will schedule a hearing. At that hearing you should:
- Present evidence (bank records, accountings, correspondence).
- Call witnesses who observed or handled estate transactions.
- Be prepared for the personal representative to defend their actions or propose corrective measures.
5. Court Decision
If the judge finds good cause, they will remove the current representative and appoint a successor under Indiana Code §29-1-7-7 (IC 29-1-7-7). The successor may be a named alternate in the will or another qualified person.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance tailored to your situation.
Helpful Hints
- Keep detailed records: Maintain copies of bank statements, receipts, and communications.
- Act quickly: Indiana law imposes time limits for filing objections and accountings.
- Gather witness statements: Firsthand accounts strengthen your case.
- Review the will: Check for named alternates or instructions regarding removal.
- Consider mediation: Some courts offer settlement conferences before a full hearing.