What is the process for petitioning a court to remove a personal representative for mishandling estate assets in Kansas? | Kansas Probate | FastCounsel
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What is the process for petitioning a court to remove a personal representative for mishandling estate assets in Kansas?

Disclaimer: This article provides general information about Kansas probate law and does not constitute legal advice. Always consult a licensed attorney before taking legal action.

Detailed Answer

Overview of Removal Process

Under Kansas law, an interested person may petition the probate court to remove a personal representative who mismanages estate assets. The removal procedure appears in K.S.A. 59-2237. A court may remove the representative for willful misconduct, breach of fiduciary duty, failure to account or for other good cause shown.

Step 1: Confirm Standing and Grounds

“Interested person” includes beneficiaries, heirs or creditors of the estate. You must show one of the following grounds:

  • Misappropriation or embezzlement of estate funds.
  • Failure to file a required inventory or account.
  • Neglect of duty or self-dealing.
  • Other misconduct impacting the estate’s administration.

Step 2: Draft and File the Petition

Prepare a petition stating facts that support removal. Include:

  • Your status and interest in the estate.
  • Specific allegations of misconduct with dates and evidence.
  • Reference to K.S.A. 59-2237 (Removal of Personal Representative).
  • Relief sought, such as removal and appointment of successor.

File the petition in the probate court handling the estate. Pay the required filing fee or request a fee waiver if eligible.

Step 3: Serve Notice and Gather Evidence

Serve a copy of the petition and notice of hearing on the personal representative and all interested persons as required by K.S.A. 59-2238 (Demand for Statement; Duty of Personal Representative). Collect supporting documents, such as bank statements, receipts, and communications that demonstrate mismanagement.

Step 4: Attend the Hearing and Seek Remedies

At the hearing, present your evidence and witness testimony. The personal representative may defend their conduct. If the court finds cause, it may:

  • Remove the personal representative.
  • Appoint a successor fiduciary.
  • Order surcharge against the representative for losses.
  • Require additional bond under K.S.A. 59-5001 (Bond of Personal Representative).

Helpful Hints

  • Start early: Document each instance of suspected misconduct.
  • Keep copies of all filings and correspondence.
  • Consider mediation with the personal representative if appropriate.
  • Understand deadlines: Probate courts enforce strict timelines.
  • Consult a Kansas probate lawyer for strategic advice.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.