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Disclaimer: This article is for informational purposes only and does not constitute legal advice.

Detailed Answer

In West Virginia, an interested person—such as a beneficiary, heir or creditor—may ask the court to remove an estate administrator who refuses to perform required duties. The court oversees administration of estates under West Virginia law, and it has power to revoke letters of administration when an administrator fails to act.

Legal Basis for Removal

West Virginia Code § 44-2-10 authorizes the court to revoke letters of administration and appoint a successor if an administrator “refuses to act” or “fails to qualify”:

W. Va. Code § 44-2-10.

Grounds for Removal

• Refusal to collect, manage or distribute estate assets.
• Failure to file an inventory or account within the time required by court order.
• Misconduct or gross neglect in handling estate affairs.
• Incapacity or conflict of interest that impedes impartial administration.

Procedure to Petition for Removal

1. Identify the proper court: The probate court in the county where the estate was opened handles removal petitions.
2. Prepare a written petition: Explain your status (e.g., beneficiary), describe the administrator’s misconduct or refusal to act, and cite W. Va. Code § 44-2-10.
3. Serve notice: Provide the administrator and all interested persons with copies of your petition according to local rules.
4. Attend the hearing: Present evidence of refusal to act—such as missed deadlines, unfiled inventories or bank records showing inaction.
5. Court decision: If the judge finds cause, the court will revoke the administrator’s letters and appoint a successor. The successor must qualify within 20 days or the court will consider other nominees.

Helpful Hints

• Collect written proof of missed deadlines and unfulfilled duties: emails, court orders, account statements.
• Review local probate court rules for filing fees, forms and service requirements.
• Provide clear notice to all heirs and creditors to avoid delays or challenges.
• Consider mediation if the administrator disputes the allegations; courts often encourage settlement.
• Keep copies of all filings, notices, and correspondence in a dedicated folder.
• Consult a probate attorney for complex estates or if the administrator fights removal.