Detailed Answer
Under Kansas law, a personal representative—often called an estate administrator—serves as a fiduciary to manage and distribute estate assets. If the administrator neglects duties such as filing an inventory, providing accountings, communicating with heirs, or distributing assets, interested persons may petition the probate court for removal under K.S.A. 59-2232(b).
Grounds for Removal
- Failure to file required inventory or accountings.
- Missed distribution deadlines.
- Mismanagement of estate assets.
- Refusal to communicate with heirs, beneficiaries, or creditors.
Petition Process
To request removal, you must file a written petition in the probate court handling the estate. Include:
- Your relationship or interest in the estate (heir, creditor, beneficiary).
- A statement detailing the administrator’s failure to perform duties.
- Copies of any relevant documents (missed filings, correspondence).
The court will schedule a hearing and notify all interested parties, including the current administrator. At the hearing, present evidence supporting removal. If the court finds valid grounds, it may remove the administrator and appoint a successor. See K.S.A. 59-2232(b).
Helpful Hints
- Document all missed actions and communications by the administrator.
- Attempt informal resolution with the administrator before petitioning the court.
- Check with the probate clerk for local filing requirements and fees.
- Determine whether the will nominates an alternate personal representative.
- Keep detailed copies of all filings, notices, and court orders.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation.