Disclaimer: This article is for educational purposes only and is not legal advice. Consult a qualified attorney regarding your situation.
Detailed Answer
Under Wisconsin law, any “interested person” may ask the probate court to remove an estate administrator (also called a personal representative) who fails to perform required duties or mismanages estate assets. The right to seek removal is found in Wis. Stat. § 859.13.
Who may petition? Any heir, devisee, creditor, beneficiary or other interested person may file a petition. An interested person generally has a financial or legal stake in the estate’s administration.
Grounds for removal. Common reasons include:
- Failure to file the inventory and initial account (Wis. Stat. § 859.14),
- Refusal to collect or preserve estate assets,
- Failure to pay valid debts or distribute property,
- Breach of fiduciary duties, such as self-dealing.
Statutory authority. Wis. Stat. § 859.13(1) authorizes the court “to remove any fiduciary . . . upon petition of any interested person or upon its own motion for cause.” See § 859.13.
How to file. Prepare a petition in the probate court where the estate is pending. Describe the administrator’s failures and cite supporting facts. Attach any relevant documents (communications, accountings, inventories). Serve the petition on the administrator and all interested parties according to Wis. Stat. § 859.18 (see notice requirements).
Court hearing and decision. The court will schedule a hearing. At the hearing, you may present evidence and witnesses. The administrator may defend against removal. If the court finds cause, it can remove the administrator and appoint a successor personal representative under Wis. Stat. § 859.205.
Alternative remedies. Even if removal is not granted, you may ask the court to surcharge (hold financially liable) the administrator for losses under Wis. Stat. § 859.181, or compel performance of duties by motion or citation under Wis. Stat. § 867.11.
Helpful Hints
- Gather clear evidence of missed deadlines or mismanagement.
- Review Wis. Stat. ch. 859 on personal representative duties and removal procedures.
- Serve all interested parties promptly to avoid delays.
- Consider mediation before filing to resolve disputes amicably.
- Consult a probate attorney if the administrator challenges removal or for guidance on complex estates.