Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Missouri law, any interested party—such as a beneficiary, heir or creditor—may petition the probate division of the circuit court to remove an estate administrator who fails to perform required duties. The most relevant statute is RSMo Section 474.170, which authorizes removal of an administrator for willful neglect, misconduct or failure to comply with court orders.
Grounds for Removal
- Failure to file the inventory and appraisement within the required 60-day period
- Refusal or neglect to account for estate assets
- Failure to pay valid debts or distribute assets according to the will or statutes
- Misappropriation or mismanagement of estate property
Petition Process
- Prepare a verified petition outlining the specific failures or misconduct.
- File the petition in the probate division of the circuit court handling the estate.
- Serve notice of the petition on the administrator and other interested parties as required by RSMo Section 474.030.
- The court schedules a hearing, considers evidence and testimony from all parties.
- If the court finds good cause, it may enter an order removing the administrator and appointing a successor pursuant to RSMo Section 474.170. If a bond is required, see RSMo Section 474.200 regarding removal of sureties.
Helpful Hints
- Check local probate court rules for filing requirements and deadlines.
- Compile documentation (inventories, accountings, correspondence) showing missed duties.
- Note all missed court-ordered deadlines and actions.
- Consider alternative dispute resolution or mediation before formal hearings.
- Consult a qualified probate attorney to guide you through the petition process.