Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Detailed Answer
Under Delaware law, a court can remove an estate administrator who refuses to fulfill their duties. Delaware Code Title 12, § 1214 authorizes removal for misconduct, neglect, or breach of fiduciary duty. Visit 12 Del. C. § 1214 for full text.
Grounds for Removal
Valid reasons include:
- Failure to collect or preserve estate assets.
- Neglect in filing inventories or accounting.
- Misappropriation or waste of funds.
- Refusal to communicate with beneficiaries.
- Any breach of fiduciary duty.
Who Can File a Petition
Any interested person—an heir, beneficiary, or creditor—may petition to remove the administrator by showing cause for removal.
Filing Procedure
To start the process, file a verified petition in the Register of Wills office where administration occurs. Your petition should:
- Identify the estate and original grant.
- Describe specific duties the administrator failed to perform.
- Attach documented evidence.
- Name all interested parties and provide their addresses.
Hearing and Court Decision
The Register of Wills schedules a hearing. The administrator and all interested parties receive formal notice. At the hearing, you must prove your claims by a preponderance of evidence. If the court finds cause, it can remove the administrator, revoke their letters, and appoint a successor.
Helpful Hints
- Review the letters of administration to confirm duties.
- Keep organized records of missed deadlines and communications.
- Serve all interested parties with proper notice.
- Gather bank statements, emails, and other records as evidence.
- File your petition early to avoid statute of limitations issues.
- Consider mediation if parties prefer a less adversarial route.
- Consult an attorney for tailored guidance and representation.