Detailed Answer
Disclaimer: This article provides general information under Tennessee law. It is not legal advice.
Overview of Removal Proceedings
In Tennessee, interested parties may petition the probate court to remove a personal representative if they mishandle estate assets. A “personal representative” includes executors and administrators who manage an estate.
1. Establish Grounds for Removal
The court may remove a personal representative for cause. Grounds include mismanagement of estate assets, failure to follow court orders, conflicts of interest, or failure to furnish inventory and accountings. See T.C.A. § 30-2-316.
2. Prepare and File a Petition
File a written petition in the county probate court where the estate is pending. Include:
- Estate name and case number;
- Name and address of the personal representative;
- Clear statement of the alleged misconduct;
- Requested relief: removal and appointment of a successor.
3. Serve Notice on Interested Parties
Serve a copy of the petition on the personal representative and all interested parties, including heirs and beneficiaries. Tennessee law requires notice at least ten days before the hearing.
4. Attend the Court Hearing
The court schedules a hearing to review evidence. Present documentation of mishandling, such as missing assets, improper distributions, or failure to account. The personal representative may respond and present a defense.
5. Court Decision and Successor Appointment
If the court finds cause, it enters an order removing the personal representative. The court then appoints a successor under T.C.A. § 30-2-315. The successor must qualify and post bond if required.
Helpful Hints
- Document every instance of alleged mismanagement with detailed records.
- Consult the probate clerk’s office for local filing requirements and fees.
- Use certified mail or a professional process server to prove service of notice.
- Review the original estate inventory and all accountings before the hearing.
- Explore informal settlement conferences to resolve disputes quickly.