Detailed Answer
Under Mississippi law, any “interested person” may ask the Chancery Court to remove a personal representative who mismanages estate assets. The removal process is governed by two key statutes: Miss. Code Ann. § 91-7-255 and the Chancery Court’s jurisdiction under Miss. Code Ann. § 9-1-47.
1. Who may file the petition?
An “interested person” includes heirs, beneficiaries, creditors, or anyone with a legal stake in the estate. You must have a direct interest in the estate’s administration to seek removal.
2. Grounds for removal
Under § 91-7-255, the court may remove a personal representative for cause. Common grounds include:
- Misappropriation or waste of estate assets;
- Failure to account or provide inventories;
- Breach of fiduciary duty or conflicts of interest;
- Neglect, refusal, or inability to perform duties.
3. Where to file
File your petition in the Chancery Court of the county where the estate is being probated. The court clerk can provide filing fees and local procedure schedules.
4. Preparing and serving the petition
Your petition must:
- Be in writing and signed under oath;
- State facts supporting removal (dates, transactions, amounts);
- Identify all interested parties by name and address;
- Include a proposed order of removal and appointment of a successor.
After filing, serve the personal representative and all interested parties with a copy of the petition and a summons according to Mississippi Rules of Civil Procedure Rule 4 or the local Chancery Court rules.
5. Court hearing and evidence
The court will schedule a hearing. At the hearing, you must prove by a preponderance of the evidence that removal is warranted. The personal representative may present defenses or evidence of corrective measures.
6. Removal and appointment of a successor
If the court finds cause, it may:
- Suspend or remove the current personal representative;
- Order a full accounting of estate assets;
- Appoint a successor fiduciary from next qualified heir or a bond-approved professional;
- Require the incoming representative to post bond.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Gather all accounting records, bank statements, and correspondence before filing.
- List every transaction you believe demonstrates mismanagement.
- Notify all interested parties promptly to prevent delays.
- Consider requesting an interim accounting before the removal hearing.
- Work with court clerks to confirm local form requirements.