Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under New Hampshire law, an interested person may petition the Probate Division of the Superior Court to remove a personal representative for mismanagement or misconduct in administering an estate. The key steps are outlined below.
1. Determine Jurisdiction and Venue
File your petition in the Probate Division of the Superior Court in the county where the decedent was domiciled at the time of death. See RSA 541:1 (jurisdiction).
2. Establish Grounds for Removal
New Hampshire RSA 554:20 authorizes removal of a personal representative for causes including:
- Willful misconduct or gross neglect.
- Misappropriation or waste of estate assets.
- Failure to file required inventory or accounts (see RSA 556:9 inventory and accounts).
Cite specific facts—dates, transactions, missing funds—to support your allegations.
3. Prepare and File the Petition
Your petition should include:
- Case caption and estate name.
- Name and appointment date of the personal representative.
- Clear statement of facts and statutory grounds (RSA 554:20 removal).
- Prayer for relief asking the court to remove the current representative and appoint a successor.
Pay the filing fee set by your county’s Probate Division.
4. Serve Notice on Interested Parties
Under RSA 554:1, “interested persons” include heirs, devisees, creditors and other beneficiaries. Serve the petition, summons, and any supporting documents on each interested person and the personal representative according to the court’s rules.
5. Attend the Hearing
The court will schedule a hearing to consider evidence and arguments. At the hearing, be prepared to present:
- Documentary proof (bank statements, account ledgers, receipts).
- Witness testimony, if applicable.
If the court finds cause, it may remove the personal representative and appoint a successor under RSA 554:21 (appointment of successor).
6. Post Bond and Take Over Administration
The newly appointed representative must post bond if required (RSA 554:5 security of bonds) before assuming duties.
Helpful Hints
- Review the estate’s inventory and account statements before filing.
- Consult the Local Rules of Probate in your county for procedural deadlines.
- Keep clear records of all communications with the personal representative.
- Consider informal resolution—sometimes mediation avoids court delays.
- Confirm service of process complies with RSA Chapter 556 regarding notices.