Disclaimer: This information is for educational purposes and does not constitute legal advice.
Detailed Answer
Under Montana law, beneficiaries, heirs and creditors may petition the probate court to remove an estate administrator who refuses to fulfill their duties. The process is governed by the Montana Code Annotated (MCA).
Statutory Basis
The court’s authority stems from MCA 72-3-703, which allows removal for misconduct, neglect, incapacity or failure to act. If removal occurs, the court may appoint a successor under MCA 72-3-706.
Grounds for Removal
- Neglect of Duty: Failure to file an inventory, pay valid debts or distribute assets within required timeframes.
- Misconduct: Misappropriating estate assets or engaging in conflicts of interest.
- Incapacity: Illness, death or any condition preventing proper administration.
How to File a Petition
- Obtain the probate case number and venue from the court that appointed the administrator.
- Draft a petition detailing the administrator’s failures, citing MCA 72-3-703. Attach documents such as communications, financial records or missed-filing notices.
- Serve the petition on the administrator and all interested parties, including heirs and known creditors.
- File the petition with the probate court clerk and pay the required filing fee.
Hearing and Next Steps
After service, the court schedules a hearing. You present evidence of neglect or misconduct, and the administrator may respond. If the court finds sufficient cause, it will remove the current administrator and appoint a successor, who then assumes fiduciary duties to complete estate administration.
Helpful Hints
- Keep detailed records of missed deadlines, unreturned calls or emails to support your petition.
- Review your county’s probate court rules for filing requirements, local forms and fee schedules.
- Consider mediation or settlement discussions to resolve minor disputes more quickly.
- Maintain clear communication with beneficiaries and creditors to build consensus for court action.
- Consult an attorney for specific advice—an initial consultation can clarify complex procedural issues.