Detailed Answer
If an estate administrator in Utah refuses to perform required duties, Utah law allows interested parties to petition the probate court for removal. Under Utah Code §75-3-707, the court may remove a personal representative (often called an estate administrator) for neglect, misconduct, or failure to follow court orders.
Who May Petition?
- Heirs and devisees named in the will
- Beneficiaries of the estate
- Creditors with valid claims
- Any other party with a legitimate interest in the estate
Grounds for Removal
- Failure to file an inventory or accounting
- Misappropriation or waste of estate assets
- Conflict of interest that harms the estate
- Refusal to obey court orders or Utah probate rules
- Incapacity or serious misconduct
How to File a Removal Petition
- Prepare a written petition stating your interest and the specific failures or misconduct. Cite Utah Code §75-3-707 (le.utah.gov/xcode/Title75/Chapter3/75-3-707.html).
- File the petition in the district court in the county where probate is pending.
- Serve the petition and a notice of hearing on the administrator and all interested parties as required by Utah Code §75-3-104 (le.utah.gov/xcode/Title75/Chapter3/75-3-104.html).
- Attend the court hearing. Present evidence of the administrator’s failures or misconduct.
- If the court finds cause, it may remove the administrator and appoint a successor or co-administrator.
Possible Court Outcomes
- Removal of the current administrator
- Appointment of a successor personal representative
- Surcharge or financial liability for losses caused by mismanagement
- Contempt or sanctions if the administrator disobeys orders
Helpful Hints
- Gather documentation: account statements, communications, court filings
- Talk with other beneficiaries or creditors to confirm shared concerns
- Consult court clerks for local filing procedures and fee schedules
- Attend probate workshops or seek a consultation with a probate attorney
- Ask the court for interim relief if estate assets face imminent risk
Disclaimer: This article is for informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed attorney.