Detailed Answer
Under Virginia law, an interested person may petition the circuit court to revoke or suspend an administrator’s letters if the administrator refuses or neglects to perform required duties. The primary statute governing removal of a personal representative is Va. Code § 64.2-281. This provision allows an interested party—such as an heir, devisee, beneficiary, creditor or creditor’s representative—to ask the court to remove an administrator for neglect, refusal to post bond, failure to account or other proper cause.
To begin, file a “Petition to Revoke Letters Testamentary or of Administration” in the circuit court where the estate is probated. You must identify yourself and your interest in the estate, describe the administrator’s wrongful or neglectful conduct, and request revocation of letters. Serve the petition on the administrator and all other interested parties according to court rules.
After filing, the court will schedule a hearing. At the hearing, you must prove grounds for removal by a preponderance of the evidence—demonstrating, for example, repeated missed deadlines, refusal to inventory assets, or failure to account for distributions. If the court finds proper cause, it may revoke the administrator’s letters and appoint a successor under Va. Code § 64.2-282.
If removal is not immediately granted, the court may impose other remedies, such as ordering the administrator to post additional bond, to provide an accounting or to complete specific tasks. The court retains discretion to tailor relief to protect estate assets and beneficiaries’ interests.
Helpful Hints
- Document missed filings, lack of communication or inventory omissions in writing.
- Review probate court rules for service requirements and filing deadlines.
- Collect witness statements from beneficiaries or creditors affected by the administrator’s inaction.
- Be ready to propose a successor administrator or co-administrator if removal is granted.
- Consider seeking court-appointed counsel or a guardian ad litem if minors or incapacitated persons are involved.
- Maintain professionalism in all court filings and communications.
- Consult a probate attorney early to evaluate evidence and procedural steps.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.