Detailed Answer
Under South Carolina law, an interested person may petition the probate court to remove and replace a personal representative who mishandles estate assets. This process follows the procedures in the South Carolina Probate Code.
1. Grounds for Removal Under South Carolina Law
SC Code §62-3-912 (link) authorizes removal when a personal representative displays willful misconduct, neglect of duty, failure to account, or failure to comply with a court order.
2. Filing the Petition
- Who can file: Beneficiaries, creditors, or other interested persons.
- Where to file: Probate court in the county where the estate is administered.
- What to include: The petition should state your interest in the estate; identify the personal representative and estate; and describe in detail the alleged misconduct, such as misappropriation of funds or failure to maintain accurate records.
3. Notice and Hearing
After filing, the court issues a notice of hearing to the personal representative and all interested parties, usually at least 10 days before the hearing date (SC Code §62-3-913, link).
4. Courts Decision and Appointment of Successor
At the hearing, you present evidence of mishandling—such as bank statements or missing asset records. If the court finds grounds for removal, it may remove the personal representative and appoint a successor under SC Code §62-3-605 (link).
Hypothetical Example: Jane Doe, a beneficiary, discovers that the personal representative transferred estate funds into a personal account without court approval. Jane files a petition under §62-3-912, attends a hearing with bank records, and the court removes the representative and appoints a neutral third party.
Disclaimer: This article is for informational purposes and does not constitute legal advice. Consult a qualified attorney to discuss your situation.
Helpful Hints
- Gather clear documentation of any asset transfers or missing funds.
- Review the estate’s accounting records before filing.
- Confirm deadlines and filing fees with the local probate court clerk.
- Provide all interested persons with notice of the petition and hearing.
- Consider mediation if the personal representative disputes the allegations.