Removing an Estate Administrator in Nebraska Who Neglects Duties
Under Nebraska law, any interested party may petition the probate court to remove an estate administrator who refuses to fulfill their statutory duties. The Nebraska Uniform Probate Code authorizes removal (Neb. Rev. Stat. § 30-2482) when the administrator neglects or refuses to serve, mismanages assets, fails to file required inventories, or otherwise fails in their role.
Grounds for Removal
- Neglect or Refusal to Serve: The administrator fails to perform core tasks such as collecting assets or distributing property.
- Mismanagement: There is evidence of waste, misconduct, or improvident handling of estate assets.
- Failure to Account: The administrator does not file an inventory or periodic account with the court.
- Other Good Cause: Any cause that would have justified denial of appointment.
Procedure to File a Removal Petition
To remove an estate administrator:
- Draft a petition stating the facts, legal grounds, and relief sought.
- File the petition in the county where the probate case is pending.
- Serve a copy on the estate administrator and all interested parties as required by court rules.
- Attend the court hearing. Present evidence such as missed deadlines, correspondence, or financial records.
- If the court finds cause, it may remove the administrator and appoint a successor under Neb. Rev. Stat. § 30-2483.
Disclaimer: This article is for general informational purposes only and does not constitute legal advice.
Helpful Hints
- Identify yourself as an interested party (beneficiary, creditor, or heir).
- Collect documentation of the administrator’s failures (emails, missed filings, bank statements).
- Review Nebraska’s probate rules for service requirements.
- Consider consulting a probate attorney for drafting and strategy.
- Prepare to propose a qualified successor if removal is granted.