What is the process for petitioning a Vermont court to remove a personal representative for mishandling estate assets?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Detailed Answer

Under Vermont law, any interested person—such as a beneficiary, heir, or creditor—may petition the Probate Division of the Superior Court to remove a personal representative (executor or administrator) for mishandling estate assets. The key statute is 14 V.S.A. § 7232.

1. Confirm Your Standing

Only “interested persons” can file. You must show you have a direct stake in the estate (for example, named beneficiary or creditor).

2. Draft the Petition

Include:

  • Your name and role in the estate.
  • Name of the personal representative and estate docket number.
  • Detailed allegations of misconduct—such as misappropriation, failure to account, or conflicts of interest.
  • Legal basis for removal citing 14 V.S.A. § 7232.
  • Requested relief: removal of the representative and appointment of a successor under 14 V.S.A. § 7233 or court-nominated administrator.

3. File the Petition

Submit your petition to the Probate Division in the county where the estate is probated. Pay the applicable filing fee as set by court rules.

4. Serve Notice

Serve the personal representative and other interested parties with the petition and a court citation. Follow service requirements under 14 V.S.A. § 7205.

5. Attend the Hearing

The court will schedule a hearing. Present evidence—bank records, ledgers, witness testimony—and allow the representative to respond.

6. Court Ruling

If the court finds “cause” (misconduct, neglect, or failure to perform duties), it may remove the representative and appoint a successor or order a bond increase. See 14 V.S.A. § 7232 for grounds and procedures.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Consult a qualified attorney about your specific situation.

Helpful Hints

  • Gather clear, documented evidence of asset mishandling before filing.
  • Review the decedent’s will for any pre-nominated successor representative.
  • Consider informal resolution or mediation before petitioning the court.
  • Check local court rules for service, filing deadlines, and fees.
  • Seek legal counsel early to ensure compliance with Vermont probate procedures.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.