Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed Ohio attorney for advice regarding your specific situation.
Detailed Answer
Under Ohio law, any person interested in an estate can ask the probate court to remove an administrator who refuses to perform required duties. The probate court oversees estate administration under Ohio Revised Code (O.R.C.) Chapter 2113.
Grounds for Removal: You may request removal if the administrator fails to:
- File an inventory within three months after appointment (O.R.C. § 2113.16).
- Manage estate assets prudently or account for estate funds.
- Distribute assets in accordance with the will or statutes.
- Respond to reasonable requests from heirs or creditors.
Statutory Authority: Under O.R.C. § 2113.16, an inventory must be filed within three months of appointment, and the court may remove an administrator for failing to comply. Ohio courts also may remove any fiduciary for misconduct or neglect under O.R.C. § 2109.24.
Petition Process:
- Draft a written motion specifying why removal is warranted.
- File the motion in the probate court that appointed the administrator.
- Serve the administrator and other interested parties according to Ohio Rules of Civil Procedure.
- Attend the court hearing and present evidence such as missed deadlines or mismanaged funds.
Possible Outcomes: If the court finds cause, it may:
- Remove the administrator and appoint a successor (O.R.C. § 2113.16).
- Surcharge the former administrator for any financial losses (O.R.C. § 2113.33).
- Order other remedies to protect estate assets.
Helpful Hints
- Gather records: Keep copies of missed filings and correspondence.
- Note deadlines: Ohio probate courts enforce strict time frames.
- Contact the probate clerk: Verify local filing procedures and fees.
- Consider a surcharge claim: You may seek compensation for estate losses.
- Seek legal guidance: An attorney can help prepare effective motions.