Detailed Answer
Under Nevada law, beneficiaries and interested parties may petition the district court to remove a personal representative who mismanages estate assets. The primary statute governing removal is NRS 147.360, which permits removal for neglect of duty, misconduct or mismanagement. Additionally, NRS 147.070 and NRS 147.090 outline procedures for appointing a successor and providing notice. The process typically follows these steps:
1. Determine Grounds for Removal
A petitioner must show one or more grounds under NRS 147.360, such as:
- Neglecting to inventory or account for estate assets.
- Improperly distributing assets.
- Misappropriating funds for personal use.
- Failing to pay valid estate debts.
2. Prepare a Verified Petition
File a verified petition in the probate department of the district court where the estate is pending. The petition must:
- Identify the estate and personal representative.
- State specific facts supporting removal (dates, amounts, asset types).
- Reference NRS 147.360 as the legal basis.
- Include a request to appoint a successor under NRS 147.070.
3. Serve Notice
Serve the petition and notice of hearing on the personal representative and all interested persons at least 10 days before the hearing, per NRS 147.090.
4. Attend the Hearing
At the hearing, present evidence of mismanagement. The personal representative may defend their actions. The court may:
- Grant removal and appoint a successor.
- Order corrections or accounting.
- Deny the petition if evidence is insufficient.
5. Appointment of a Successor
Upon removal, the court appoints a successor personal representative under NRS 147.070. The successor must then file letters of appointment and continue administration.
Helpful Hints
- Document all communications and transactions early to build your case.
- Consult the court’s local probate rules for additional filing requirements.
- Consider mediation if parties dispute facts before the formal hearing.
- Keep beneficiaries informed to avoid future disputes.
- Use certified mail for all service of documents.
Disclaimer: This article provides general information on Nevada probate law and does not constitute legal advice. Consult a qualified attorney for advice regarding your specific situation.