Detailed Answer
Under Ohio law, you may petition the probate court to remove a personal representative (PR) for neglect, misconduct, or breach of duty. See ORC 2109.30. Common grounds include failure to account for assets, misappropriation of estate property, conflict of interest, or refusal to perform required duties.
Step 1: Prepare Your Petition
Draft a written petition stating the case name, court, and estate file number. Identify yourself and explain your interest in the estate. Clearly outline the facts demonstrating the PR’s misconduct or neglect. Cite relevant statutes.
Step 2: File the Petition
Submit the petition with the probate clerk in the county where the estate is administered. Pay the required filing fee. Fees vary by county. The clerk will assign a hearing date.
Step 3: Serve Interested Parties
Serve the PR and all beneficiaries or heirs with a copy of the petition and notice of hearing. Ohio Civil Rule 4.1 governs service. Proper service ensures due process and protects your right to a fair hearing.
Step 4: Attend the Hearing
Present evidence of the PR’s mishandling of estate assets. Evidence may include account statements, receipts, and witness testimony. The PR may respond in writing under ORC 2109.31.
Step 5: Court’s Decision and Successor Appointment
If the court finds cause, it may remove the PR under ORC 2109.32 and appoint a successor. Ohio Revised Code 2113.03 governs successor appointments.
Helpful Hints
- Keep detailed records of all communications and transactions related to the estate.
- Gather corroborating documents such as bank statements, receipts, and ledgers.
- Notify all beneficiaries early to prevent claims of improper service.
- Review Ohio Rules of Civil Procedure for proper service methods.
- Consider mediation to resolve minor disputes before court intervention.
- Consult a licensed probate attorney for guidance tailored to your case.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed attorney in Ohio.