Disclaimer: This article provides general legal information only. It does not constitute legal advice.
Overview of Removing a Personal Representative in Minnesota
Under Minnesota law, a court may remove a personal representative (formerly called an executor or administrator) for mismanagement, conflict of interest, willful misconduct, incapacity or failure to perform duties. See Minnesota Statutes §524.3-717. A removal order can dramatically change how an estate is administered and who handles estate assets.
Can I Appeal the Removal Order?
Who Has the Right to Appeal?
Only parties aggrieved by the removal—such as the removed personal representative or interested persons (heirs, beneficiaries or creditors)—may appeal. You must demonstrate legal standing: a direct, personal stake in the outcome.
Grounds for Appeal
An appellate court examines whether the trial court abused its discretion or made errors of law. Common grounds include:
- The trial court misapplied or misinterpreted Minnesota Statutes §524.3-717.
- The court relied on insufficient evidence of misconduct or incapacity.
- The judge failed to follow required notice and hearing procedures.
How to File an Appeal
Step 1: Notice of Appeal
File a Notice of Appeal in the district court that issued the removal order within 30 days of the order’s entry. See Minnesota Rules of Civil Appellate Procedure, Rule 104.01 (Court Rules Ch. 135). Missing this deadline generally bars your appeal.
Step 2: Prepare the Record
Request transcripts of hearings and file the clerk’s record. Include all pleadings, exhibits and the trial court’s order.
Step 3: Appellate Briefs
Your appellant brief must state facts, legal issues, statutory citations and arguments showing the trial court erred. The personal representative or interested person defending the removal will file a respondent brief.
Step 4: Oral Argument and Decision
The Minnesota Court of Appeals may schedule an oral argument. After reviewing briefs and records, the court will issue a written decision affirming, reversing or remanding the case.
Helpful Hints
- Read the removal order carefully. Identify all stated reasons and record citations.
- Act promptly. Note procedural deadlines in the Minnesota Rules of Civil Appellate Procedure.
- Consider hiring an appellate attorney familiar with probate appeals.
- Keep a copy of every filing and proof of service.
- Focus your argument on clear legal errors or abuse of discretion, not solely on factual disagreements.