In Oregon, an estate administrator, also known as a personal representative, must carry out duties to settle an estate. If a personal representative refuses or neglects these duties, Oregon law allows interested parties to petition for removal.
Detailed Answer
Under ORS 113.165, any interested person may petition the probate court to remove a personal representative for cause. Common grounds include refusal to perform duties, mismanagement of assets, or failure to account for estate property.
Who can file? “Interested persons” include heirs, beneficiaries, creditors, or co-administrators with proper notice under ORS 113.005.
What is the process?
- File a written petition in the probate court handling the estate.
- Serve notice on the personal representative and other interested parties.
- Attend a court hearing to present evidence of neglect or refusal.
- If the court finds cause, it may remove the administrator and appoint a successor per ORS 113.105.
Timing: You should file promptly upon discovering misconduct or neglect. The court balances the estate’s needs and potential harm when deciding removal.
Helpful Hints
- Document failures: Keep records of missed deadlines, lost assets, or refusals to act.
- Communicate concerns in writing: Create a paper trail before petitioning the court.
- Consider mediation: Some counties offer probate mediation to resolve conflicts.
- Seek qualified counsel: An attorney experienced in Oregon probate can guide you through filing procedures and hearings.
- Act quickly: Delay can lead to further estate losses and complicate removal.
Disclaimer: This article is for informational purposes only and is not legal advice. Consult a licensed attorney in Oregon for guidance about your specific situation.