May I Petition a Utah Court to Remove an Estate Administrator Who Refuses to Fulfill Their Duties?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

If an estate administrator in Utah refuses to perform required duties, Utah law allows interested parties to petition the probate court for removal. Under Utah Code §75-3-707, the court may remove a personal representative (often called an estate administrator) for neglect, misconduct, or failure to follow court orders.

Who May Petition?

  • Heirs and devisees named in the will
  • Beneficiaries of the estate
  • Creditors with valid claims
  • Any other party with a legitimate interest in the estate

Grounds for Removal

  • Failure to file an inventory or accounting
  • Misappropriation or waste of estate assets
  • Conflict of interest that harms the estate
  • Refusal to obey court orders or Utah probate rules
  • Incapacity or serious misconduct

How to File a Removal Petition

  1. Prepare a written petition stating your interest and the specific failures or misconduct. Cite Utah Code §75-3-707 (le.utah.gov/xcode/Title75/Chapter3/75-3-707.html).
  2. File the petition in the district court in the county where probate is pending.
  3. Serve the petition and a notice of hearing on the administrator and all interested parties as required by Utah Code §75-3-104 (le.utah.gov/xcode/Title75/Chapter3/75-3-104.html).
  4. Attend the court hearing. Present evidence of the administrator’s failures or misconduct.
  5. If the court finds cause, it may remove the administrator and appoint a successor or co-administrator.

Possible Court Outcomes

  • Removal of the current administrator
  • Appointment of a successor personal representative
  • Surcharge or financial liability for losses caused by mismanagement
  • Contempt or sanctions if the administrator disobeys orders

Helpful Hints

  • Gather documentation: account statements, communications, court filings
  • Talk with other beneficiaries or creditors to confirm shared concerns
  • Consult court clerks for local filing procedures and fee schedules
  • Attend probate workshops or seek a consultation with a probate attorney
  • Ask the court for interim relief if estate assets face imminent risk

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed attorney.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.