Detailed Answer
Under New Jersey law, a personal representative (executor or administrator) holds a strict fiduciary duty to the estate and beneficiaries. If the PR mismanages or wrongfully converts estate assets, an interested party can ask the Surrogate’s Court to remove them. Below are the key steps:
1. Identify Standing and Grounds
Any interested party—such as a beneficiary, creditor, or co-personal representative—may file a petition. Common grounds include breach of fiduciary duty, failure to account for assets, mismanagement, conflict of interest, or criminal conviction. See N.J.S. 3B:17-11.
2. Draft and File the Petition
Prepare a verified petition that details:
- Parties involved and their roles
- Specific allegations of mishandling or conversion
- Relevant dates and transactions
- Requested relief (removal of the PR and appointment of a successor)
Attach supporting documents such as inventory, account records, or correspondence. File the petition with the Surrogate’s Court in the county where the estate is pending, following the NJ Surrogate’s Court rules.
3. Serve Notice
Serve the petition and notice of hearing on the personal representative, all beneficiaries, and other interested parties under NJ Court Rule 4:4-5. Provide the required notice period (often eight days) before the hearing.
4. Attend the Court Hearing
The Surrogate’s Court schedules a hearing. You must present evidence, such as witness testimony and documents, to show “good cause” for removal. The PR may respond and present a defense.
5. Court Order of Removal and Successor Appointment
If the court finds sufficient grounds, it issues an order removing the PR. The court may simultaneously appoint a successor personal representative under N.J.S. 3B:17-15. The new PR must qualify by taking an oath and, if required, posting a fiduciary bond.
6. Post-Removal Requirements
The removed PR must promptly turn over estate property, records, and documents to the successor. The successor must then inventory assets and file accounts in accordance with N.J.S. 3B:16-1.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice specific to your situation.
Helpful Hints
- Document every transaction and communication related to the estate.
- Review NJ statutes of limitations (often two years) for fiduciary claims: N.J.S. 2A:14-1.
- Consider mediation or informal resolution through the Surrogate’s office before filing.
- Confirm hearing dates and service deadlines with the Clerk.
- Seek guidance from an attorney experienced in New Jersey probate law.