Detailed Answer
Under Maine law, a court may remove an estate administrator (often called a personal representative) who fails to perform required duties. Title 18-A M.R.S. §3-707 empowers the probate court to remove, suspend, or surcharge any fiduciary for misconduct, neglect, or refusal to act. See 18-A M.R.S. §3-707.
Below is an overview of the removal process:
- Who may petition: Any “interested person” can file. This includes beneficiaries, heirs, creditors, or co-fiduciaries.
- Grounds for removal: Common grounds include:
- Failure to inventory or value assets.
- Neglecting to pay valid debts or taxes.
- Refusal to provide accountings or reports.
- Misuse or misappropriation of estate assets.
- Filing the petition: File a written petition in the probate court where the estate is administered. Identify the administrator, estate docket number, and specific allegations.
- Notice and hearing: Maine law generally requires 14 days’ notice to the administrator before hearing. The court will schedule a hearing where each side can present evidence.
- Court decision: If the court finds just cause, it may:
- Remove or suspend the administrator.
- Order a successor fiduciary.
- Impose a surcharge (financial penalty) for losses caused by misconduct.
Example: Jane Doe, a beneficiary of her father’s probate estate, notices the administrator has not filed an inventory after six months. Jane hires an attorney and petitions the York County Probate Court under 18-A M.R.S. §3-707. At the hearing, she presents records showing missed creditor notices. The court removes the administrator and appoints a successor.
Helpful Hints
- Collect documentation: Gather estate inventories, accountings, and correspondence showing missed duties.
- Check local rules: Probate court procedures vary by county; review court rules or contact the clerk.
- Watch deadlines: Maine law may impose time limits for filing petitions and objections.
- Consider bond: A successor administrator often must post a bond to protect estate assets.
- Seek professional help: Even though this overview is informative, an attorney can guide you through complex probate rules.