How do I sue a personal representative?

A personal representative is a person appointed by the court to administer the estate of a deceased person. The personal representative has a fiduciary duty to act in the best interests of the estate and its beneficiaries. However, sometimes a personal representative may act negligently, dishonestly, or in bad faith, causing harm to the estate or its beneficiaries. In such cases, you may have grounds to sue the personal representative for breach of fiduciary duty. 

 The following steps outline how to sue a personal representative: 

 1. Identify your interest in the estate. You must have standing to sue the personal representative, which means you must be an interested party who is affected by his or her actions. An interested party can be a beneficiary, heir, creditor, or anyone else who has a legal claim against the estate. 

 2. Gather evidence of wrongdoing. You must have proof that the personal representative breached his or her fiduciary duty by acting dishonestly, negligently, or in bad faith. For example, you may have evidence that he or she mismanaged funds, failed to pay taxes or debts, sold assets at an unfair price, favored some beneficiaries over others, or failed to follow the terms of the will. 

 3. File a petition with the probate court. You must file a petition with the probate court that is handling the estate administration and serve a copy on the personal representative and any other interested parties. The petition should state your interest in the estate, your allegations against the personal representative, and your request for relief.  

4. Attend a hearing on your petition. The probate court will schedule a hearing on your petition and notify all parties involved. At the hearing, you will have an opportunity to present your evidence and arguments before a judge who will decide whether to grant your request for relief. Relief may include removing and replacing the personal representative; ordering them to account for their actions; ordering them to pay damages; imposing sanctions; or modifying or terminating their authority. 

 Suing a personal representative can be a complicated and costly process that requires legal knowledge and skills. Therefore, it is advisable that you consult with an experienced probate attorney before taking any action. 

Please let us know if you have any questions and feel free to contact us.