Disclaimer: This article provides general information about Kentucky law and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Detailed Answer
Under Kentucky law, a court has authority to remove an estate administrator who willfully neglects or refuses to perform statutory duties. An interested party—such as a beneficiary or creditor—may petition the probate court to remove the administrator and appoint a successor.
Legal Basis for Removal: Kentucky Revised Statutes § 396.245 grants the court power to compel an administrator to act, require bond adjustment, or remove the administrator for misconduct or refusal to comply with duties. Specifically, KRS 396.245 states:
“The court may remove or suspend a personal representative who fails to comply with an order of the court or neglects the duties of the office.”
To find the full text of KRS 396.245, see Kentucky Revised Statutes § 396.245.
Grounds for Removal: Common grounds include:
- Failure to manage estate assets or distribute property
- Ignoring court orders or deadlines
- Misappropriation or waste of estate funds
- Conflict of interest or misconduct
Procedure for Petitioning:
- File a written petition in the probate division of the district court where the estate is administered.
- State facts showing the administrator’s refusal or neglect—such as missed accounting deadlines or refusal to pay valid debts.
- Serve a copy of the petition and summons on the administrator and other interested parties under KRS 395.130.
- Attend a hearing; present evidence (accounting records, correspondence, or witness testimony).
- If the court finds sufficient cause, it may remove the administrator and appoint a successor personal representative under KRS 396.245 and KRS 396.250.
Timeframe and Costs: Courts generally schedule a hearing within 30–60 days of filing, depending on local rules. The petitioner may request the court to order the estate to pay reasonable fees for legal services and costs if removal is warranted.
Helpful Hints
- Document every instance of noncompliance—emails, letters, or missed deadlines.
- Review the original letters of administration for statutory duties and deadlines.
- Check local court rules for filing fees and forms; some counties provide templates.
- Consider mediation if disputes involve beneficiaries; it can be quicker and less costly.
- Keep beneficiaries informed; unanimous support strengthens your petition.
- Consult a probate attorney early to ensure proper procedure and evidence.