Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice about your situation.
Detailed Answer
What Triggers Removal of a Personal Representative?
Under Ohio Revised Code § 2113.18, a court may remove an executor or administrator if they fail to perform duties, mismanage estate assets, or act against the estate’s interest. Any interested party can file a motion for removal.
Is a Removal Order Appealable?
The removal of a personal representative is considered a final, appealable order because it affects a substantial right. Ohio law allows appeals from probate court decisions in special proceedings. Specifically:
- Ohio Revised Code § 2101.24 authorizes appeals from probate court orders affecting substantial rights.
- Ohio Revised Code § 2505.02 defines a final order to include removal of a fiduciary.
How and When to File the Appeal
To preserve your appeal rights:
- File a Notice of Appeal in the probate court within 30 days of the journal entry of the removal order.
- Pay the required filing fee or seek fee waivers if eligible.
- Arrange for the clerk to prepare and transmit the record to the Ohio Court of Appeals in your district.
- File your appellate briefs on schedule, presenting legal arguments and relevant evidence from the trial record.
Standard of Review on Appeal
The Court of Appeals will review the probate court’s decision for an abuse of discretion. This means the appellate court will uphold the removal unless the trial court’s decision was arbitrary, unreasonable, or unsupported by evidence.
Helpful Hints
- Track all deadlines: missing the 30-day deadline usually forfeits appeal rights.
- Request a transcript early; court reporters need time to prepare transcripts of hearings.
- Cite specific errors: focus on legal mistakes or misapplication of Ohio Revised Code statutes.
- Consider alternative relief: sometimes motions for reconsideration or modifications in the probate court can resolve issues quicker.
- Consult with an appeals attorney: they can guide you through procedural rules and brief writing.