Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
Under Mississippi law, beneficiaries or other interested parties may seek removal of an estate administrator who fails to act or breaches fiduciary duties. The chancery court oversees probate matters and enforces the Mississippi Probate Code.
Step 1: Confirm interested-party status. Mississippi defines “interested person” under Miss. Code Ann. §91-7-135, including heirs, devisees, creditors, or others with a legal stake in the estate.
Step 2: Establish grounds for removal. Miss. Code Ann. §91-7-31 (link) allows removal for neglect of duty, mismanagement, self-dealing, failure to account, or other misconduct.
Step 3: Prepare and file a petition. File in the chancery court of the county where the estate is probated. The petition should cite §91-7-31 and detail specific incidents—missed inventory deadlines, lack of accountings, or misuse of estate funds.
Step 4: Serve notice. Under Mississippi Rules of Civil Procedure and local probate rules, serve the petition and hearing notice on the administrator and all interested parties.
Step 5: Attend the removal hearing. Present evidence, such as documents or witness testimony, showing the administrator’s failures or misconduct.
Step 6: Obtain a court order. If the court finds sufficient cause, it will remove the administrator and may appoint a successor under Miss. Code Ann. §91-7-37.
Helpful Hints
- Keep detailed records of all communications, deadlines, and missed filings.
- Collect copies of estate inventories, accountings, and correspondence showing neglect.
- Review local chancery court rules for specific filing, form, and service requirements.
- Secure witness affidavits from beneficiaries or others who observed the administrator’s failures.
- Consider mediation or settlement discussions to address disputes before filing.
- Consult a qualified probate attorney for guidance on strategy and procedure.