Detailed Answer
If you believe a personal representative is mishandling estate assets in Kentucky, you can petition the probate court for removal. Kentucky law lets any interested party ask the court to remove a fiduciary for misconduct, neglect of duty, or failure to account. This process follows the rules in KRS Chapter 395.
Who Can File the Petition?
Under KRS 395.020, any “interested person” may file. This includes: beneficiaries, heirs at law, creditors with valid claims, or co-fiduciaries.
Grounds for Removal
You must show one or more of the following:
- Misappropriation of estate funds
- Failure to keep proper accounts
- Neglecting estate duties
- Conflict of interest harming the estate
See KRS 395.175 for removal of fiduciaries.
Steps to File the Petition
- Draft the Petition: Include case caption, estate name, personal representative’s name, factual allegations of mismanagement, and relief requested (removal and successor appointment).
- Gather Evidence: Attach accounting records, bank statements, correspondence, inventory lists, and any expert reports showing mishandling.
- File with Probate Court: Submit the petition in the circuit court where the estate is probated. Pay the filing fee per local rules.
- Serve Interested Parties: Serve the personal representative and all interested persons, following KRS 395.070 service rules.
Court Hearing and Decision
The court will schedule a hearing and notify all parties. You must present evidence and witness testimony. The personal representative can defend their actions. After review, the judge may:
- Remove the personal representative
- Require additional bond or surcharge the representative
- Order an accounting or auditing of estate assets
After the Court’s Decision
If the court removes the fiduciary, it will appoint a successor under KRS 395.080. The new representative must file an oath and bond before taking duties.
Disclaimer: This article is for educational purposes only. It does not constitute legal advice. Consult a qualified probate attorney for advice on your situation.
Helpful Hints
- Keep detailed records of all estate transactions.
- Review the personal representative’s accountings before petitioning.
- Consider informal dispute resolution before filing.
- Check deadlines in KRS 395.030 for filing estate actions.
- Consult a Kentucky probate attorney if the case is complex.