Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance.
Detailed Answer
Yes. Under Colorado law, interested parties may petition the probate court to remove a personal representative (commonly called an estate administrator) who fails to perform required duties. The governing statute is Colorado Revised Statutes § 15-12-404, which authorizes removal for neglect, misconduct, or failure to comply with court orders. See Colorado Revised Statutes § 15-12-404 (leg.colorado.gov/statutes/15-12-404).
Grounds for removal include:
- Neglecting to gather or protect estate assets.
- Failing to file an inventory or account as ordered.
- Misappropriating funds or other misconduct.
- Incapacity or conflict of interest impairing performance.
To start the removal process:
- Draft a Petition: Prepare a written petition stating facts and legal grounds under C.R.S. § 15-12-404.
- File with the Court: Submit the petition in the county where the estate probate is pending.
- Serve Notice: Notify the current personal representative and all interested parties, such as heirs and creditors.
- Attend Hearing: Present evidence at the probate hearing. The court examines proof of neglect or misconduct.
If the court finds good cause, it may remove the personal representative and appoint a successor under Colorado Revised Statutes § 15-12-407. See C.R.S. § 15-12-407.
Helpful Hints
- Document all instances of neglect or misconduct with dates and evidence.
- Check court rules for filing fees and local probate procedures.
- Maintain clear communication with other interested parties.
- Consider mediation if disputes arise before formal removal.
- Consult an attorney early to evaluate the strength of your petition.