Detailed Answer
Under Virginia law, any interested person may petition the circuit court to remove a personal representative who mishandles estate assets. Virginia Code § 64.2-1800 outlines the removal process. The court may act if the personal representative engages in neglect of duty, misconduct, failure to file required accounts, or other sufficient cause.
1. Identify Grounds for Removal
You must show one or more of these grounds under Va. Code § 64.2-1800:
- Neglect of duty (e.g., failing to collect or preserve assets)
- Misconduct (e.g., self-dealing or unauthorized distributions)
- Failure to file an accounting or provide reports
- Failure to post or maintain required bond
2. Prepare and File the Petition
Draft a written petition in the circuit court where probate is pending. Include:
- Your interest in the estate (e.g., beneficiary or creditor)
- Specific allegations and supporting facts
- Requested relief (removal and appointment of successor)
File the petition with the clerk’s office and pay any required fee.
3. Serve Notice
Virginia law requires you to serve the petition on:
- The personal representative facing removal
- All other interested persons (e.g., beneficiaries)
Follow Rule 4:4 of the Virginia Rules of Court for proper service.
4. Attend the Hearing
The court will schedule a hearing. You and the personal representative may present evidence and witnesses. The personal representative must answer within 21 days as required by statute.
5. Court Decision and Successor Appointment
After the hearing, the judge will decide whether to remove the personal representative. If removed, the court may appoint a successor to complete administration of the estate.
Helpful Hints
- Gather all relevant estate documents: inventories, accountings, and communications.
- Document dates, amounts, and transactions that show mismanagement.
- Check local circuit court procedures and fees online before filing.
- Consider informal resolution or mediation before formal petition.
- Serve all interested parties promptly to avoid delays.
- Keep copies of filed papers and proof of service.
- Consult a probate attorney if you need guidance on complex issues.
Disclaimer: This FAQ is for educational purposes only and does not constitute legal advice. For advice on your specific situation, consult a qualified attorney.