Detailed Answer
Under South Carolina law, a court may remove an estate administrator who refuses or fails to perform their duties. An administrator—sometimes called a personal representative—must gather assets, pay debts and distribute property according to the will or statutes. If an administrator neglects these tasks or mismanages the estate, interested parties can petition the probate court for removal.
South Carolina Code Section 62-3-712 outlines grounds and procedure for removal. It authorizes the court to remove an administrator for neglect, misconduct or inability to perform duties. To start the process, you file a petition in the probate court in the county where probate is pending. The petition should explain the administrator’s failures, cite relevant sections of the code, and request relief.
After filing, the court issues notice to the administrator and all interested parties. The court then holds a hearing where you present evidence of the administrator’s refusal or neglect. If the court finds sufficient grounds under SC Code §62-3-712, it may remove the administrator and appoint a successor. The successor could be an alternate nominated in the will or another qualified person.
Helpful Hints
- Review the probate court rules in your county for filing procedures.
- Gather clear evidence of missed deadlines, unpaid bills or refusal to act.
- Notify all heirs and creditors to avoid objections later.
- Consider requesting a bond increase to protect estate assets.
- Consult a probate attorney for guidance on petition drafting and court practice.
Disclaimer: This article provides general information under South Carolina law. It is not legal advice. Consult a qualified attorney about your specific situation.