Detailed Answer
In Pennsylvania, a personal representative (executor or administrator) has a fiduciary duty to manage estate assets responsibly. If you suspect mishandling, you can petition the Orphans’ Court Division of the Court of Common Pleas in the county where probate is pending to remove the personal representative. This process follows the Pennsylvania Fiduciaries Act (20 Pa.C.S. §§ 3301–3512).
1. Grounds for Removal
- Mismanagement or conversion of estate assets.
- Failure to inventory, manage, or account for assets.
- Conflict of interest or breach of fiduciary duty.
- Incapacity, neglect, or dishonesty.
These grounds mirror the statutory causes for removal under 20 Pa.C.S. § 3352.
2. Jurisdiction and Venue
File your petition in the Orphans’ Court Division of the Court of Common Pleas in the county where the decedent’s estate is being probated. The court oversees fiduciary matters and has authority to remove and replace personal representatives.
3. Preparing and Filing the Petition
- Draft the Petition: Include:
- Decedent’s name and date of death.
- Personal representative’s name and appointment date.
- Specific allegations of misconduct or failure to perform fiduciary duties.
- Relief sought (removal and appointment of successor).
- File with the Clerk: Submit the petition, filing fee, and proposed order to the Orphans’ Court Clerk.
- Notice Requirements: Serve the petition and notice of hearing on:
- The personal representative.
- All heirs, beneficiaries, and creditors.
- Any other interested parties per Pa. O.C. Rule 3.5.
4. Pretrial Procedures
After filing, the court may order discovery or appoint a special auditor to review accountings. Parties exchange documents and prepare witnesses. If facts are in dispute, expect depositions and pre-hearing conferences.
5. Hearing and Court Decision
At the hearing, present evidence of mismanagement (bank statements, inventories, correspondence). The personal representative may offer explanations or rebuttal. If the court finds cause, it will issue an order removing the representative and appointing a successor (20 Pa.C.S. § 3353).
6. After Removal
- The removed representative must turn over assets and records to the new fiduciary.
- The court may surcharge the former representative for losses.
- The successor must file new inventories and accountings.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Review the decedent’s will and filed inventories to identify discrepancies.
- Document all communications and transactions related to the estate.
- Consult a probate attorney early to ensure proper procedure and deadlines.
- Serve all interested parties to avoid delays or dismissal.
- Be prepared to propose a qualified successor personal representative.