Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Pennsylvania, if an estate administrator (also called a personal representative) refuses to perform required duties—such as collecting assets, filing inventories, paying debts, or distributing inheritances—an interested party may petition the Orphans’ Court division of the Court of Common Pleas for removal.
Governing Statute: Under 20 Pa.C.S. § 315, the court may remove an administrator for cause. You can review the statute here: 20 Pa.C.S. § 315.
Grounds for Removal
- Neglecting to settle the estate within a reasonable time.
- Willful misconduct or breach of fiduciary duty.
- Failure to file required inventories or accounts.
- Misappropriation, waste, or improper distribution of estate assets.
Procedure for Filing a Petition
- Draft a verified petition describing the estate, your interest, and specific failures of the administrator.
- File the petition in the Orphans’ Court division in the county where the estate is pending.
- Serve the petition and notice of hearing on the administrator and other interested parties.
- Attend the court hearing. Present evidence of missed deadlines, accounting failures, or misconduct.
- If the court finds cause, it may remove the administrator, surcharge for losses, and appoint a successor under 20 Pa.C.S. § 314.
The court applies a cause standard, weighing evidence by a preponderance. Removal remedies range from requiring the administrator to complete duties to full removal and replacement.
Helpful Hints
- Collect documentation of all missed filings, deadlines, and communications with the administrator.
- Review the original Letters of Administration and statutory deadlines under 20 Pa.C.S. § 312.
- Attempt informal resolution—writing a demand letter may prompt performance.
- Check local Orphans’ Court procedural rules for filing fees, form requirements, and service methods.
- Keep detailed records of estate assets, debts paid, and distributions made.
- Consider consulting a probate attorney to guide you through complex evidentiary or procedural issues.