Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
In Nevada, a personal representative (also called an estate administrator) must manage estate assets, pay debts, and distribute property according to the will or state law. If they neglect these duties, Nevada law allows removal by petitioning the probate court.
Authority to Remove
NRS Section 142.240 empowers a probate court to remove a personal representative for neglect, mismanagement, or misconduct.
Who May Petition
An “interested person,” including beneficiaries, heirs, or creditors, may file a petition in the probate court handling the estate. See NRS 142.020.
Grounds for Removal
- Failure to file an inventory or accounting within statutory deadlines.
- Misappropriation of estate funds or assets.
- Conflict of interest or self-dealing.
- Refusal or neglect to pay valid debts or distribute property.
- Gross mismanagement.
Petition Process
- File a written petition including the estate case number, your interest, and detailed facts showing grounds for removal.
- Pay required filing fees and serve notice on the administrator and all interested parties.
- Attach any supporting documents such as account statements or sworn declarations.
Court Hearing and Decision
The court schedules a hearing after notice. If the judge finds sufficient cause, they may remove the administrator and appoint a successor under NRS 142.240. The court may also order the former administrator to file an accounting and explain their conduct.
Helpful Hints
- Review NRS Chapter 142 for detailed probate procedures.
- Gather documentation showing missed filings, asset mismanagement, or refusal to act.
- Consult local district court probate rules and fees.
- Provide sworn witness statements or account ledgers as evidence.
- Consider mediation to resolve disputes before filing.
- File promptly; Nevada law imposes deadlines to protect estate assets.
- After removal, the court may require the former administrator to submit a final accounting.