Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney regarding your specific situation.
Detailed Answer
Under Maryland law, a person who serves as an estate administrator (also known as a personal representative) owes fiduciary duties to the estate and its beneficiaries. If the administrator refuses to perform required tasks—such as filing inventories, managing assets, or providing accountings—interested parties may petition the court to remove them.
Statutory Basis: Maryland Code, Estates and Trusts §7-202 authorizes the Orphans’ Court to remove a personal representative for refusal to account, waste of estate assets, incapacity, failure to obey court orders, or other misconduct. See MD Code, Estates & Trusts §7-202.
Grounds for Removal:
- Refusal to Account: Failing to file an inventory or periodic accountings in violation of court deadlines.
- Breach of Fiduciary Duty: Mismanagement or misuse of estate assets.
- Incapacity: Physical or mental inability to administer the estate effectively.
- Conflict of Interest: Acting for personal gain at the estate’s expense.
- Failure to Comply: Ignoring court orders or instructions from interested parties.
Procedure:
- Identify Interested Parties: Heirs, beneficiaries, creditors, or co-administrators may petition.
- Prepare the Petition: Draft a written petition stating the reasons for removal, referencing relevant facts and statutes.
- File in Orphans’ Court: Submit the petition in the county where the estate is probated.
- Serve Notice: Provide notice to the administrator and all interested parties per the Orphans’ Court rules.
- Attend Hearing: Present evidence of misconduct or neglect. The administrator may defend their actions.
- Court Decision: If the court finds sufficient grounds, it can remove the administrator and appoint a successor.
Remember, removing an administrator can be complex and adversarial. Early communication or mediation may resolve issues without court intervention.
Helpful Hints
- Gather documentation (emails, ledgers, court filings) showing the administrator’s failures.
- Review local Orphans’ Court procedures and deadlines carefully.
- Consider informal resolution before filing a petition to save time and costs.
- Consult the Uniform Fiduciary Access Act for related inventory requirements.
- Engage a licensed Maryland attorney for guidance tailored to your case.