Disclaimer: This content is for educational purposes and does not constitute legal advice.
Detailed Answer
Under Missouri law, interested persons may petition the probate court to remove a personal representative for mishandling estate assets and to appoint a successor. Follow these main steps:
- Establish Standing. Only “interested persons”—such as beneficiaries, heirs, or creditors—may petition. See RSMo 473.010(27) for the definition of interested persons.
- Gather Evidence. Collect bank statements, inventories, receipts, correspondence, or appraisals showing missing assets, unauthorized sales, or self-dealing.
- Prepare the Petition. Draft a “Petition for Removal of Personal Representative.” Include the case caption, estate name, representative’s name, factual allegations of misconduct, and the relief sought. Cite RSMo 473.843, which authorizes removal for willful misconduct or gross negligence.
- File and Serve. File your petition in the probate division of the county circuit court where the estate is administered. Serve a copy on the personal representative and all other interested persons following Missouri Supreme Court Rule 52.01.
- Notice of Hearing. The clerk schedules a hearing date. You must notify all parties at least ten days before the hearing.
- Attend the Hearing. Present your evidence of misconduct. The personal representative may present a defense. The judge evaluates whether there is cause for removal.
- Court Order and Successor Appointment. If the court finds the representative has committed willful misconduct or gross negligence, it issues an order removing them. The court may then appoint a successor under RSMo 473.530.
Because procedures and local rules vary by county, consider consulting a probate attorney to ensure compliance with all requirements.
Helpful Hints
- Review the estate’s inventory and account filings for discrepancies early.
- Maintain organized records of all communications and transactions related to the estate.
- Check the local court’s website for specific probate forms and current filing fees.
- Consider informal resolution or mediation before pursuing formal removal, if appropriate.
- Act promptly: Missouri law imposes deadlines for objecting to account settlements and filing removal petitions.