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Hypothetical

Jane named her brother, Tom, as executor in her will. After Jane’s death Tom missed filing the estate inventory, ignored beneficiary requests for information, and used estate funds for personal expenses. Beneficiaries want him removed. How can that happen in Wyoming?

Detailed answer — When a Wyoming court may remove an executor

Wyoming law gives the probate court authority to supervise personal representatives and, when appropriate, remove them to protect the estate and beneficiaries. The court will consider removal when there is evidence that the personal representative is:

• Neglecting duties: failing to collect assets, file required inventory or accounts, or to manage estate property;
• Breaching fiduciary duties: self-dealing, misusing estate funds, failing to segregate estate property, or acting for personal gain at the expense of beneficiaries;
• Incapable or incapacitated: serious illness, mental incapacity, alcoholism, or other conditions that prevent performance of duties;
• Unwilling or unable to serve: refusal to post required bond (if applicable), refusal to act, or prolonged non‑communication or absence;
• Conflict of interest or lack of qualification: a conflict that materially impairs administration or statutory disqualification; or
• Conviction of a serious crime that makes them unfit to serve.

When beneficiaries, heirs, creditors, or other interested persons believe removal is warranted, they may ask the probate court to remove the personal representative. Wyoming’s probate statutes and the court’s equitable powers guide these actions; consult the Wyoming statutes for the governing provisions (see Title 2, Decedents’ Estates: Wyoming Statutes, Title 2).

What the court considers

The court will weigh whether removal is necessary to protect estate assets and interests of creditors and beneficiaries. The court generally prefers remedies that preserve estate value: ordering accountings, requiring bond, appointing a co-representative, or supervising actions before ordering removal. Removal typically occurs when lesser measures are insufficient.

Procedural steps in Wyoming (general)

1. File a petition or motion with the county probate court handling the estate. The filer must be an interested person (beneficiary, heir, creditor, or the court’s own motion).
2. Provide notice to the personal representative and other interested parties per Wyoming probate procedures.
3. Prepare evidence: records showing missed duties, unauthorized expenditures, failure to account, medical evidence of incapacity, or other proof of misconduct.
4. Attend a hearing. The court reviews evidence and decides whether removal (or another remedy) is appropriate.
5. If removed, the court appoints a successor personal representative or directs bonding and supervision as needed. The court may also order restitution or surcharge against the removed representative for losses caused by misconduct.

Exact procedures and notice requirements vary by county and local rules. For statute text and filing rules, see the Wyoming statutes and local court rules: Wyoming Statutes, Title 2.

Possible outcomes

• Court orders an accounting or other corrective action;
• Court requires the executor to post bond or secure assistance;
• Court removes the executor and appoints a successor;
• Court orders the former executor to repay estate funds, with interest or penalties (surcharge);
• Court dismisses the petition if the evidence is insufficient.

How to start if you believe removal is needed

Step-by-step practical steps:

1. Collect documentation: bank statements, check copies, inventories, correspondence showing failure to act, and any receipts for questionable expenditures.
2. Demand an accounting in writing. Courts often require the personal representative to provide an accounting before proceeding.
3. Talk to the other beneficiaries and check for consensus. Unified requests carry more weight and can lower litigation costs.
4. Consider mediation or an informal resolution. Sometimes issues resolve by requiring an accounting or replacing the personal representative informally.
5. If informal steps fail, file a petition in the probate court where the estate is being administered and serve the personal representative. Be prepared to present evidence at a hearing.
6. Consult a Wyoming probate attorney for advice specific to your situation. An attorney can prepare pleadings, gather evidence, and represent you at hearings.

Helpful hints

• Keep records of every request you make and every communication with the personal representative.
• Act promptly. Delays may allow questionable transactions to continue or reduce the estate’s ability to recover losses.
• Be specific in complaints. Courts respond to evidence of concrete failures (missed inventories, missing funds, or clear misuse) more readily than vague accusations.
• Remember costs. Estate litigation consumes estate assets; weigh the expected recovery against the cost of removal litigation.
• Ask for interim relief if needed: temporary appointment of an alternate fiduciary or a court order restricting spending can protect assets while the dispute is resolved.
• Whether the will names an alternate personal representative matters. If an alternate exists, the court may appoint that person if removal is granted.
• School yourself on local court forms and deadlines. County courts may publish probate forms and instructions online.