Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney for advice on your situation.
Detailed Answer
In Connecticut, an estate administrator (also called a fiduciary) must collect assets, pay debts and distribute property according to the will or state law. If the administrator neglects or refuses to act, any interested person—such as an heir, beneficiary or creditor—may petition the probate court to remove them. “Interested person” is defined by Conn. Gen. Stat. §45a-1.
Under Conn. Gen. Stat. §45a-139 (“Proceedings Against Fiduciaries”), the probate court may remove a fiduciary for neglect, misconduct or refusal to perform duties. To start, file a written petition in the probate district where the estate is being administered. In your petition, describe specific failures, such as missing inventory deadlines, failing to secure assets or ignoring creditor claims.
After you file, the court will schedule a hearing and require notice to the administrator and other interested parties. At the hearing, present evidence of missed deadlines, lack of accounting or refusal to communicate. If the court finds cause, it can remove the current administrator and appoint a successor fiduciary under Conn. Gen. Stat. §45a-139.
Helpful Hints
- Identify all interested parties before filing.
- Document missed deadlines and failures in writing.
- File your petition in the correct probate district.
- Serve notice according to Conn. Gen. Stat. §45a-142.
- Prepare clear evidence and witness statements for the hearing.
- Consider mediation if parties wish to resolve issues without removal.
- Keep copies of all court filings and correspondence.