Detailed Answer
Under Tennessee law, any interested party may ask the probate court to remove a personal representative (estate administrator) who fails to perform essential duties. Tennessee Code Annotated § 30-2-310 outlines the grounds and procedure for removal. Common grounds include fraud, mismanagement, failure to file required inventories, failure to give notice or bond, and unreasonable delay in administration.
To start, file a verified petition in the county probate court where the estate is being administered. In your petition, you must:
- Identify the estate and personal representative by name.
- Explain your status as an interested party (heir, beneficiary, creditor).
- Detail specific failures or misconduct (e.g., missed deadlines, refusal to distribute assets).
- Request removal and, if desired, appointment of a successor.
Once filed, the court will set a hearing and require notice to all interested parties. At the hearing, present evidence such as correspondence, inventory reports, or court filings that demonstrate the administrator’s failures. If the court finds sufficient cause, it may remove the administrator and appoint a replacement under Tenn. Code Ann. § 30-2-310.
Helpful Hints
- Review the estate file: Check court records for missed inventories or filings.
- Gather evidence: Save emails, letters, or notices showing delays or refusals.
- Keep deadlines: Tennessee law imposes strict timelines for inventories and reports.
- Notify parties: Ensure all heirs and beneficiaries know about the petition.
- Consider mediation: A settlement can avoid prolonged court battles.
- Consult with a probate attorney: Even if you pursue removal yourself, a lawyer can guide you through technical issues.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice tailored to your situation, consult a licensed attorney.