Detailed Answer

If you believe a personal representative in a Louisiana succession is mishandling estate assets, you can petition the court to remove that representative and appoint a successor. Louisiana law provides specific rules under both the Code of Civil Procedure and the Revised Statutes.

1. Establish Grounds for Removal

Under Louisiana Code of Civil Procedure article 3291, the court may remove a personal representative for neglect, misconduct, failure to follow court orders, or misappropriation of estate assets. You must present clear factual evidence—such as unaccounted-for funds, missing records, or unauthorized sales—to support your claim. (See C.C.P. art. 3291 at https://www.legis.la.gov/Legis/Laws_Toc.aspx?folder=107)

2. Prepare and File the Petition

File your petition in the succession court where the estate is open. The petition should include:

• Identity of the decedent and date of death
• Name and contact information of the current personal representative
• Detailed allegations of misconduct or mismanagement
• Supporting exhibits (bank statements, inventories, receipts)
• Prayer for relief: removal and appointment of a successor

Serve the petition and citation on the personal representative and all interested parties under C.C.P. article 1313.

3. Attend the Hearing

After filing, the court will set a hearing date. At the hearing, both sides can present testimony, documents, and witnesses. The personal representative may defend their actions, while you must prove an abuse of fiduciary duty.

4. Court’s Decision

If the court finds sufficient evidence of mismanagement, it will issue an order removing the personal representative. The same order may appoint a successor. If not, you may be able to appeal under Louisiana Code of Civil Procedure article 2121.

5. Appointment of a Successor Representative

Louisiana Revised Statutes § 9:2781 governs successor appointments. The court will consider any qualified person—often the next nominated heir or a neutral third party—and require them to post bond and take an oath before qualifying as the new personal representative. (See R.S. 9:2781 at https://www.legis.la.gov/Legis/Laws_Toc.aspx?folder=452)

6. Final Steps

Once the new representative is qualified, the clerk will record the court’s order and update the succession record. The successor inherits fiduciary duties to inventory assets, pay debts, and distribute property according to the will or intestacy laws.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney in Louisiana for guidance tailored to your situation.

Helpful Hints

• Document Everything: Keep copies of bank statements, inventories, and correspondence showing asset mismanagement.
• Meet Deadlines: Louisiana law imposes strict timeframes for filing succession actions—verify local court rules.
• Consider Mediation: Sometimes disputes over management can be resolved without formal removal.
• Bond Requirements: Successor representatives must usually post a bond; estimate costs in advance.
• Seek Local Rules: Check your parish succession court’s procedural requirements for filing and service.