Detailed Answer: Removal of an Estate Administrator in Louisiana
Disclaimer: This article provides general information and does not constitute legal advice. Consult a licensed attorney in Louisiana for advice specific to your situation.
Grounds for Removal
Under Louisiana law, you may ask the court to remove an administrator who fails to carry out their duties. La. Code Civ. Proc. art. 3274 (La. C.C.P. art. 3274) authorizes removal for:
- Failure to file an inventory within 90 days of appointment (La. C.C.P. art. 3271).
- Gross neglect or refusal to act.
- Mismanagement or waste of estate assets.
- Failure to render accounts when ordered by the court.
- Refusal to comply with court orders.
How to File a Removal Petition
Follow these steps in the succession court of the parish where the decedent’s estate is being administered:
- Prepare a petition stating your interest in the estate and the administrator’s specific failures.
- Cite La. C.C.P. art. 3274 (3274) as the statutory basis.
- Serve the petition on the administrator and all heirs or legatees.
- Attach supporting evidence, such as correspondence, court orders, or bank statements.
- File a notice of hearing and publish any required notices per court rules.
What to Expect at the Hearing
The court will schedule a hearing to review evidence and hear arguments. The administrator may present a defense. If the court finds good cause, it can remove the administrator and appoint a successor or order other relief, such as conversion to summary administration.
Helpful Hints
- Confirm jurisdiction: file in the district court of the parish handling the succession.
- Gather clear evidence: document missed deadlines, unfiled inventories, or improper transactions.
- Notify all interested parties: ensure heirs, legatees, and creditors receive notice.
- Consider mediation or settlement: sometimes informal resolution avoids costly court proceedings.
- Consult an experienced Louisiana succession attorney to review your petition and evidence.