Detailed Answer
Under Minn. Stat. § 524.3-709 (link), a personal representative (also known as an executor or administrator) holds a fiduciary duty to preserve and manage estate assets in the best interests of beneficiaries. If the personal representative mismanages assets—through misconduct, negligence, or self-dealing—interested persons can petition the probate court for removal.
1. Establish Grounds for Removal
Minn. Stat. § 524.3-709 outlines the circumstances warranting removal, such as misconduct, mismanagement, failure to account, or incapacity. Common examples include:
- Theft or conversion of estate funds
- Failure to maintain accurate records
- Conflict of interest or self-dealing
- Neglecting to pay debts or distribute assets
2. File a Petition for Removal
File a formal petition with the probate division of the district court handling the estate. In Minnesota, petitions go to the county court where the decedent resided. The petition must:
- Identify the estate and court file number
- Detail specific allegations of misconduct
- Request removal of the personal representative
- Propose a successor personal representative
3. Provide Notice to Interested Parties
Serve the petition and notice of hearing on the personal representative, all beneficiaries, and other interested persons as required by Minn. Stat. § 524.3-204 (link). Notices typically must be served at least 14 days before the hearing.
4. Court Hearing and Decision
The court schedules a hearing to examine the evidence. Interested persons may present testimony, records, and affidavits. The personal representative may defend their actions. The court uses a preponderance of evidence standard. If removal is justified, the court issues an order removing the personal representative.
5. Appointment of a Successor
Upon removal, the court appoints a successor under Minn. Stat. § 524.3-716 (link). The successor assumes all duties, including inventory, accounting, and distribution of assets.
Resources:
- Minnesota Probate Code, Chapter 524 (link)
- Local court rules for probate procedure
Helpful Hints
- Gather clear documentation of alleged misconduct before filing.
- Consult with an experienced probate attorney early in the process.
- Stick to deadlines for serving notices and filing documents.
- Be prepared to propose a qualified successor personal representative.
- Attend the hearing and be ready to present concise evidence.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult an attorney to address your specific situation.