Detailed Answer
Under Massachusetts law, the probate court has authority to remove an estate administrator (also called a personal representative) who refuses to fulfill their duties. Massachusetts General Laws chapter 190, section 34 (MGL c.190 §34) allows removal after a hearing for willful neglect, refusal to act, misconduct, or conflict of interest.
When to Seek Removal
- Failure to secure or distribute estate assets
- Missed deadlines for filing inventories or accountings
- Misuse or misappropriation of estate funds
- Refusal to communicate with beneficiaries or creditors
How to Petition for Removal
- Prepare a petition stating the grounds for removal and relevant facts.
- File the petition in the probate court where the estate was opened.
- Serve all interested parties—heirs, devisees, creditors, and the administrator—under the court’s service rules.
- Request a hearing date and give notice at least seven days before the hearing.
- Present evidence at the hearing showing the administrator’s neglect or misconduct.
If the court removes the administrator, it will appoint a successor or allow interested parties to nominate one under MGL c.190 §35 (MGL c.190 §35).
As an alternative, you can petition for a citation to compel the administrator to act under MGL c.190 §22 (MGL c.190 §22). A citation orders the fiduciary to perform specific duties without removing them.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.
Helpful Hints
- Document all communications and written requests made to the administrator.
- Gather records of missed deadlines, financial statements, and any evidence of mismanagement.
- Identify and list all interested parties early to ensure proper service.
- Consider a citation to compel action before pursuing removal, if appropriate.
- Consult a probate attorney to review your strategy and petition.