Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.
Detailed Answer
Under Vermont law, an interested person may petition a probate court to remove an estate administrator (also called a personal representative) who refuses to fulfill their duties. Key points include:
- Who may petition: Creditors, heirs, beneficiaries or co-administrators with a direct interest in the estate.
- Grounds for removal: Refusal to act, neglect of duty, conflict of interest, mismanagement, fraud or willful failure to obey court orders.
- Governing statute: 14 V.S.A. § 3522 allows the court to remove a fiduciary for cause. 14 V.S.A. § 3522.
- Filing the petition: File in the Probate Division of the Vermont Superior Court in the county handling the estate. The petition must:
- Identify the estate and the administrator.
- Describe specific facts showing refusal or neglect to perform duties, such as failure to file an inventory, pay valid claims or manage assets.
- List all interested parties and their last known addresses for service of process.
- Notice and hearing: After filing and serving the petition, the court schedules a hearing. The administrator may respond and present evidence. The petitioner bears the burden of proving cause.
- Court’s authority: If the court finds cause, it may remove the administrator and appoint a successor under 14 V.S.A. § 3540. The court can also surcharge the former administrator for losses caused by misconduct or neglect.
Helpful Hints
- Gather clear evidence: Compile emails, letters or bank statements showing missed deadlines or ignored duties.
- Review court rules: Vermont Rules of Probate Procedure govern petitions; ensure you comply with format and timing requirements.
- Consider mediation: Some courts encourage mediated solutions before full removal proceedings.
- Prepare for costs: Filing fees vary by county; you may recover costs from the estate if removal succeeds.
- Seek legal guidance: Even if you represent yourself, a brief consult can clarify petition grounds and procedural steps.