How to Remove an Estate Administrator in New Jersey

Detailed Answer

Under New Jersey law, an heir or beneficiary may petition the court to remove an estate administrator who neglects or refuses to perform required duties. The process is governed by N.J.S.A. 3B:24-38 (Removal of Fiduciary).

1. Grounds for Removal

The court may remove a personal representative for cause, including:

• Failure to inventory or appraise estate assets.
• Repeated missed deadlines or refusal to file required reports.
• Mismanagement or waste of estate property.
• Conflict of interest that harms estate beneficiaries.

2. Petitioning the Court

To begin, file a Petition for Removal of Executor or Administrator with the probate division of the New Jersey Superior Court in the county where the estate is administered. The petition should:

• Identify the estate and parties involved.
• List specific duties the administrator failed to perform.
• Cite N.J.S.A. 3B:24-38 as the legal basis.
• Request removal and appointment of a successor.

3. Notice and Hearing

After filing, you must serve the petition on the administrator and all interested parties at least 14 days before the hearing. At the hearing, present evidence such as missed filings or communications showing neglect.

4. Court Decision and Successor Appointment

If the court finds cause, it will remove the current administrator. The judge then may appoint a successor under N.J.S.A. 3B:13-38 (Appointment of Personal Representative), or order interested parties to nominate a replacement.

Example

For example, Jane is the sole beneficiary of her mother’s estate. The administrator failed to file an inventory and ignored repeated requests for an accounting. Jane files a removal petition in the probate court, cites the missed deadlines, and provides correspondence as evidence. The court grants removal and appoints Jane’s cousin, who agrees to serve.

Helpful Hints

• Document all missed deadlines, failures to account, and communication gaps.
• Keep copies of petitions, notices, and any correspondence.
• Check local probate rules on njcourts.gov before filing.
• Consider mediation to resolve disputes before seeking removal.
• Consult a licensed attorney for complex estates or contested matters.

Disclaimer: This article provides general information only and does not constitute legal advice. Always consult a qualified attorney about your specific situation.