May I Petition a Court to Remove an Estate Administrator Who Refuses to Fulfill Their Duties?
Disclaimer: This information is for educational purposes and does not constitute legal advice.
Detailed Answer
Under North Dakota law, beneficiaries or other interested parties may ask the court to remove an estate administrator (also called a personal representative) who fails to perform key duties. Common grounds for removal include:
- Failure to file inventory and account as required by N.D. Cent. Code § 30.1-17-06.
- Mismanagement or misuse of estate assets.
- Conflict of interest or incapacity that impairs duties.
- Unreasonable delays in distributing assets.
To initiate removal, file a petition in the county court handling the probate. Clearly state the facts showing neglect or refusal to act and cite the removal statute. Key provisions include:
- N.D. Cent. Code § 30.1-17-01 – Removal for cause.
- N.D. Cent. Code § 30.1-17-02 – Appointment of successor.
After filing, the court sets a hearing and orders the administrator to show cause why they should remain in office. If the court finds valid grounds, it will remove the administrator and appoint a replacement.
Helpful Hints
- Collect all court filings and correspondence showing missed deadlines or non-performance.
- Review the probate court’s local rules for petition format and service requirements.
- Serve notice on all interested parties, including beneficiaries and known creditors.
- Consider mediation for minor disputes before seeking removal.
- Consult a probate attorney if the administrator contests removal or if the estate is complex.