Process for Petitioning to Remove a Personal Representative in Utah

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney before taking action.

Detailed Answer

Under Utah law, interested parties may petition the probate court to remove a personal representative (PR) who mishandles estate assets. Utah Code §75-3-305 outlines the court’s authority to remove or suspend a PR. Below are the steps to follow:

1. Determine Grounds for Removal

• Breach of fiduciary duty: Misappropriating funds, failing to inventory assets, or ignoring creditor claims.
• Incompetence or misconduct: Unlawful acts, gross negligence, or failure to communicate with beneficiaries.
• Conflict of interest: Engaging in self-dealing or transactions that benefit the PR personally.

2. Prepare the Petition

Draft a written petition that includes:

• Case caption and probate case number.
• Name of the decedent and date of death.
• Name of the current personal representative.
• Specific allegations with supporting facts (e.g., missing bank statements, unauthorized sales).
• Request to remove the PR and appoint a successor.
• References to Utah Code §75-3-305: https://le.utah.gov/xcode/Title75/Chapter3/75-3-305.html.

3. File the Petition

• File the petition with the probate department of the district court in the county where the estate is being administered.
• Pay the required filing fee or submit a fee waiver if you qualify.

4. Serve Notice on Interested Parties

Utah Rule of Probate Procedure 4 requires that you give notice to:

• The current personal representative.
• All heirs and beneficiaries.
• Any creditors who have filed claims.

Serve via certified mail or personal delivery, and file proof of service with the court.

5. Attend the Hearing

• The court will schedule a hearing date.
• Present evidence: bank records, appraisals, witness affidavits.
• The PR may offer a defense or propose amendments.

6. Court Decision and Successor Appointment

If the court finds misconduct or incompetence, it may:

• Remove or suspend the PR under §75-3-305.
• Appoint a successor personal representative following Utah Code §75-3-301: https://le.utah.gov/xcode/Title75/Chapter3/75-3-301.html.

Helpful Hints

• Gather all estate records before drafting your petition.
• Document dates, amounts, and types of asset mismanagement.
• Consider a guardian ad litem if beneficiaries are minors or incapacitated.
• Consult court clerks about local probate rules and deadlines.
• Seek mediation if parties dispute facts before a formal hearing.