Detailed Answer
Yes. If an estate administrator in New York refuses to perform required duties—such as managing estate property, filing inventories, or distributing assets—you may petition the Surrogate’s Court for removal. Under SCPA 711 (Surrogate’s Court Procedure Act §711), the court may remove a fiduciary for neglect, misconduct, or failure to account. You or another interested party must file a petition stating facts that demonstrate refusal or neglect. The court will schedule a hearing; if the judge finds good cause, they can vacate the administrator’s letters, appoint a successor, and order an accounting.
In addition to SCPA 711, beneficiaries may rely on the Estates, Powers & Trusts Law (EPTL). Under EPTL 11-3.4 (EPTL §11-3.4), a personal representative must provide periodic accountings to beneficiaries. Failure to do so can trigger court intervention and support removal proceedings.
Common grounds for removal include:
- Failure to file an inventory or accounting
- Mismanagement or waste of estate assets
- Conflict of interest or self-dealing
- Neglecting lawful distributions
- Unwillingness to communicate with beneficiaries
To initiate the process, draft a petition outlining the administrator’s breaches and file it in the Surrogate’s Court that granted the letters of administration. Serve the petition on all interested parties in compliance with SCPA 207 (SCPA §207). Prepare proof of service and attend the hearing prepared to present evidence. If you need help with procedural requirements, consider consulting an attorney familiar with Surrogate’s Court practice.
Helpful Hints
- Gather documentation: correspondence, financial statements, and court filings.
- Monitor deadlines: court rules set strict timelines for petitions and objections.
- Request an accounting: a formal demand under EPTL §11-3.4 can highlight breaches.
- Coordinate with co-beneficiaries: collective action strengthens your petition.
- Explore mediation: an out-of-court resolution may save time and costs.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.