Detailed Answer
Overview
Under Connecticut law, an interested person may petition the probate court to remove a personal representative (also called an executor or administrator) who mismanages estate assets. The statutory basis is found in Connecticut General Statutes § 45a-247, which authorizes removal for breach of trust, gross mismanagement, fraud, lack of surety or other good cause. Once removed, the court may appoint a successor personal representative under § 45a-244.
1. Establish Standing and Grounds
Anyone entitled to notice of probate proceedings—such as heirs, beneficiaries or creditors—qualifies as an “interested person.” Grounds for removal include:
- Breach of fiduciary duty or trust
- Fraud or misrepresentation
- Gross mismanagement of estate assets
- Failure to provide bond or surety when required
- Other conduct that demonstrates unfitness
2. Prepare and File the Petition
Draft a formal petition with the following elements:
- Identification of the estate and personal representative
- Description of alleged misconduct with supporting facts
- Statutory citation (§ 45a-247) and relief requested (removal plus successor appointment)
- Signature and verification under oath
File the petition at the probate court in the district where the decedent’s estate is being administered. Pay any required filing fee.
3. Serve Notice and Respondent’s Rights
After filing, serve the personal representative and all interested persons with a copy of the petition and notice of hearing. Service rules follow Connecticut Practice Book § 22-10. The respondent has a right to file a written response and present evidence at the hearing.
4. Attend Hearing and Present Evidence
The court schedules a hearing where both sides may call witnesses and introduce documents. Typical evidence includes accountings, bank records, correspondence and witness testimony. The petitioner bears the burden to prove removal is warranted.
5. Court Decision and Successor Appointment
If the court finds good cause, it will enter an order removing the personal representative and detailing any surcharge or restitution. Under § 45a-244, the court may then appoint a successor personal representative or direct interested persons to nominate one.
Key Statutes:
• Connecticut General Statutes § 45a-247 (Removal of fiduciaries): https://www.cga.ct.gov/current/pub/chap_828.htm#Sec45a-247
• Connecticut General Statutes § 45a-244 (Succession of fiduciaries): https://www.cga.ct.gov/current/pub/chap_828.htm#Sec45a-244
Helpful Hints
- Document every transaction and communication related to the estate.
- Obtain certified copies of the original probate filings.
- Consider retaining an attorney to review your petition for procedural accuracy.
- Be prepared to propose a qualified successor personal representative.
- Check statutory deadlines for filing petitions and objections.
- Attend pre-hearing conferences to narrow disputed issues.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified probate attorney to address your specific situation.