Detailed Answer
If you believe a personal representative (executor or administrator) has mismanaged estate assets in West Virginia, you can petition the probate court to remove that individual and appoint a successor. Below are the key steps under West Virginia law.
1. Grounds for Removal
West Virginia law allows removal of a personal representative for misconduct, neglect of duty, or incompetence. Mismanagement can include failing to collect or preserve assets, self-dealing, or unauthorized distributions. See WV Code §44-1-13.
2. Preparing the Petition
File a formal petition in the probate court where the estate is open. The petition must:
- Identify the estate and the current personal representative.
- State specific acts of misconduct or neglect, with dates and examples.
- Request removal and appointment of a successor.
- Include a copy of the will (if any) and letters of administration or letters testamentary.
3. Filing and Service
File the petition with the Clerk of the County Commission in the county where the decedent lived. You must serve the petition on:
- The personal representative.
- All heirs and beneficiaries.
- Any interested party who has filed a demand for notice in the estate.
Service usually follows the methods set out in WV Code §44-1-12.
4. Court Hearing
The court will schedule a hearing. At the hearing, you must present evidence of mishandling—bank statements, inventories, communications, or witness testimony. The personal representative may defend their actions. The judge will decide whether removal is warranted.
5. Appointment of a Successor
If the court removes the personal representative, it will appoint a successor. Priority follows West Virginia’s order set in WV Code §44-1-4: beneficiaries named in the will, then next of kin, then creditors.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Helpful Hints
- Gather all financial records early to document improper transactions.
- Review the decedent’s will and prior filings in the probate file.
- Meet filing deadlines—West Virginia has no fixed deadline, but delay can harm the estate.
- Consider mediation before filing to resolve disputes and reduce costs.
- Keep detailed notes of all communications with the personal representative.