Detailed Answer
Under New Hampshire law, you may petition the probate court that appointed the estate administrator (also known as a personal representative) to remove them if they neglect or refuse to perform their duties. The primary statute is NH RSA 551:17 (“Removal and Substitution of Personal Representatives”), available at https://www.gencourt.state.nh.us/rsa/html/LVIII/551/551-17.htm.
Grounds for removal include:
- Failure to locate or safeguard estate assets
- Failure to file required inventories or accountings (NH RSA 551:36, https://www.gencourt.state.nh.us/rsa/html/LVIII/551/551-36.htm)
- Misappropriation or waste of estate funds
- Conflict of interest or misconduct
Key steps to petition for removal:
- Prepare the Petition. File a written petition in the probate court that issued the original appointment. Identify the administrator by name, detail the specific failures or misconduct, and cite NH RSA 551:17.
- Serve Interested Parties. Serve notice on all heirs, beneficiaries, creditors, and the administrator according to court rules. Proper service ensures due process.
- File Supporting Documents. Attach documents that support your claims, such as bank statements, failure-to-act correspondence, or court filings showing missed deadlines.
- Attend the Hearing. The court will schedule a hearing where you present evidence. The administrator may defend their actions.
- Court Decision. If the court finds sufficient grounds, it may remove the administrator and appoint a successor under NH RSA 551:18 (“Appointment of Successor Personal Representative”), https://www.gencourt.state.nh.us/rsa/html/LVIII/551/551-18.htm.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.
Helpful Hints
- Review local probate court rules for filing formats and fees.
- Keep detailed records of all communications and missed deadlines.
- Consider mediation if disputes arise among heirs or beneficiaries.
- Consult an attorney early to evaluate the strength of your petition.
- Act promptly—statutes of limitation or court deadlines may apply.