Detailed answer — how and why a court can remove a personal representative in Kansas

This FAQ explains how a personal representative (often called an executor when named in a will) can be removed in Kansas. Kansas probate law gives the probate court authority to supervise fiduciaries who handle estate administration. If a personal representative fails to carry out duties, mismanages assets, becomes incapacitated, conflicts with estate interests, or otherwise breaches fiduciary duties, interested parties can ask the court to remove that person and appoint a successor.

Who may ask for removal?

Typical petitioners include beneficiaries named in the will, heirs at law, creditors of the estate, or the public administrator. The probate court will consider the petition and evidence and decide whether removal is warranted.

Common legal grounds for removal

• Incapacity or illness: The representative cannot perform required duties because of physical or mental incapacity.
• Neglect or failure to administer: Repeated, unexplained delays in filing inventories, paying bills, protecting estate property, or otherwise administering the estate.
• Misconduct or dishonesty: Embezzlement, theft, self-dealing, or suspected conversion of estate assets.
• Breach of fiduciary duty: Failing to provide required accountings, mixing personal and estate funds, or making unreasonable distributions.
• Conflict of interest: Transactions that improperly favor the representative or another party at the estate’s expense.
• Conviction of a felony: A felony conviction may justify removal depending on circumstances and impact on duties.
• Refusal to serve: A willful refusal to perform duties or to comply with court orders.

Statutes and where to look

The Kansas Probate Code governs administration and court supervision of estates. Relevant provisions on powers, duties, and court supervision of personal representatives appear in Chapter 59 of the Kansas Statutes. See the Kansas statutes for probate: K.S.A. Chapter 59 — Probate Code. For court procedures and local rules, consult the Kansas Judicial Branch site: kscourts.org.

Procedure to remove a personal representative

1. Request an accounting or information. Often the first step is a formal written demand or a motion to compel an accounting from the personal representative. Many disputes resolve after an accounting is provided.
2. File a petition in probate court. An interested party files a petition seeking removal and explaining the grounds, supported by evidence.
3. Notice to interested persons. Kansas procedure requires notice to all interested persons so they can appear and be heard.
4. Hearing and proof. The court holds a hearing. The petitioner must prove removal is appropriate; the court evaluates the representative’s conduct, capabilities, and whether removal will protect estate interests.
5. Possible remedies. The court may remove the representative, appoint a successor (another executor or the administrator), require a bond, order restitution, surcharge a fiduciary for losses, or impose other remedies short of removal.

Standards of proof and court considerations

Removal is an equitable remedy. The court balances the seriousness of misconduct, the representative’s intent, the effect on estate administration, and whether less drastic measures (e.g., ordering an accounting, increasing bond, or limited removal) will protect the estate. The petitioning party typically must prove mismanagement or incapacity by a preponderance of the evidence.

Practical example (hypothetical)

Hypothetical: A decedent’s will names a sibling as executor. Over 18 months, the sibling fails to file an inventory, sells a rental property without notice to beneficiaries, and cannot produce bank statements. Beneficiaries petition the probate court, request an accounting, and seek removal. The court holds a hearing, finds the executor failed to safeguard estate assets and breached fiduciary duties, removes the executor, orders an accounting, and appoints an independent successor to complete administration.

Helpful hints — steps to take and what to expect

• Document concerns: collect copies of correspondence, bank statements, property records, and any missed filings or missed deadlines.
• Ask for an accounting in writing first: courts prefer parties try to resolve disputes before formal petitions.
• Check probate case filings: visit the county probate clerk or the Kansas courts website to view case dockets and filings.
• Understand timelines: probate matters can take months; removal hearings take scheduling, notice, and preparation.
• Be prepared to propose a replacement: suggest a qualified successor (co-executor, alternate named in the will, or an independent professional) if removal is granted.
• Consider alternatives to removal: surcharge motions, requests for bond increase, or limited court supervision can resolve problems without full removal.
• Costs and bonds: removal actions can add costs to the estate. Courts may require removed representatives to reimburse estate losses or post bond for accountability.
• Get legal help when appropriate: removal petitions involve procedural rules and evidentiary standards. A Kansas probate attorney can assess the strength of a case and guide filings.