Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance specific to your situation.
Detailed Answer
Under Wyoming law, beneficiaries and interested parties can petition the court to remove a personal representative (also called an executor or administrator) for misconduct such as mishandling or misappropriating assets. The process typically involves the following steps:
- Identify Grounds for Removal. Wyoming Statutes § 2-3-307 outlines grounds for removal, including neglect of duty, mismanagement of estate property, self-dealing, fraud or other misconduct. Review the statute here: Wyo. Stat. § 2-3-307.
- Gather Evidence. Collect documentation showing mishandling of assets: bank statements, inventory reports, appraisals, correspondence or audit findings. Solid evidence improves your petition’s chances.
- Draft and File a Petition. Prepare a written petition in the county where the estate is probated. Your petition must:
- Identify the estate, decedent and personal representative
- State factual allegations and cite Wyo. Stat. § 2-3-307
- Request removal and appointment of a successor representative
- Service of Process. Serve the petition and notice of hearing on the personal representative and all interested parties according to Wyo. Stat. § 2-1-105. File proof of service with the court.
- Pre-Hearing Conference. Some courts require a scheduling or case management conference to set deadlines and discuss evidence.
- Attend the Hearing. Present your evidence and witnesses. The personal representative may defend or agree to step down. The court evaluates whether removal serves the estate’s best interests.
- Court Order. If the court finds clear and convincing evidence of misconduct, it issues an order removing the representative and appointing a successor, often the next qualified beneficiary or a licensed fiduciary.
- Inventory and Turnover. The removed representative must deliver estate assets and records to the new representative, per Wyo. Stat. § 2-3-309.
Helpful Hints
- Start promptly: File as soon as you discover suspect conduct.
- Keep records: Preserve all communications and financial documents.
- Review local rules: Check county probate guidelines for forms, fees and deadlines.
- Consider mediation: Some disputes resolve without a contested hearing.
- Organize facts: Create a timeline of events and actions taken by the personal representative.