Did you know that you can remove an Administrator for non performance of their duties?
The role of an administrator in managing an estate without a will (intestate) is crucial. However, issues may arise when the appointed administrator is not performing their duties correctly or is acting against the best interests of the estate.
In such cases, it might be necessary to remove an administrator through the New York Surrogate’s Court. This blog post will guide you through the process and considerations involved in removing an administrator pursuant to SCPA 711 and SCPA 719.
Grounds To Remove an Administrator
The Surrogate’s Court Procedure Act (SCPA) provides specific grounds under which you can remove an administrator. These are detailed in SCPA 711 and SCPA 719.
1. Mismanagement of Estate Assets: If the administrator is mismanaging the estate’s assets, failing to keep accurate records, or engaging in fraudulent activities.
2. Neglect of Duties: If the administrator is neglecting their responsibilities, such as failing to pay debts, distribute assets, or file necessary tax returns.
3. Conflict of Interest: If the administrator has a conflict of interest that affects their ability to act impartially on behalf of the estate.
4. Incapacity: If the administrator becomes incapacitated or is otherwise unable to perform their duties due to illness, incompetence, or other reasons.
5. Failure to Follow Court Orders: If the administrator fails to comply with court orders or the terms set forth by the Surrogate’s Court.
6. Failure to Account: If the administrator fails to provide an accounting of the estate’s assets and liabilities after being directed to do so by the court.
7. Misconduct: If the administrator is found guilty of misconduct, such as embezzlement, fraud, or dishonesty in the administration of the estate.
Removing an Administrator is similar to removing an executor or Trustee
Steps to Remove an Administrator
1. Gather Evidence: Collect evidence that supports your claim for removal. This can include financial records, communication logs, and witness statements showing the administrator’s misconduct or neglect. You may want to start with a demand for certain information and potentially a petition for information. After you have some modicum of proof that supports your theory of mismanagement or fiduciary misconduct then you can commence preparation of the petition.
2. File a Petition: File a petition to remove the administrator with the Surrogate’s Court in the county where the estate is being administered. The petition should clearly state the reasons for removal, referencing the relevant sections of SCPA 711 or SCPA 719, and include any supporting evidence.
3. Serve the Citation: After the petition has been filed, you will either need to submit an Order to Show Cause or a Citation. After the Court issues the Citation, then you will need to serve the Citation or Order to Show Cause, along with a copy of the petition to the administrator and all interested parties, such as heirs and beneficiaries. This ensures that everyone involved is aware of the proceedings and has an opportunity to respond. (If the Court issued an Order to Show Cause, the Court can also suspend the fiduciary at this time, if suspension was requested).
4. Return Date of Citation: At the return date of Citation, the Court will likely set a conference for this matter to see and understand what is going on. The Court will likely set a discovery schedule at this conference. The purpose of the discovery schedule is to allow the parties to gather additional information in a controlled atmosphere.
5. Hearing, Trial, or Settlement: After discovery is complete, if the parties have not settled along the way, then the Court would set a date for the Trial or hearing. At the hearing,. both the petitioner and the administrator will have the opportunity to present their case.
6. Court Decision: If forced, after reviewing the evidence and hearing arguments, the Court will decide whether to remove the administrator. If the court finds sufficient grounds for removal under SCPA 711 or SCPA 719, it will issue an order to remove the administrator and appoint a successor.
6. Appointment of Successor Administrator: If the administrator is removed, the court will appoint a successor administrator, known as the Administrator dbn. The successor may be another eligible relative or a public administrator appointed by the court.
Considerations and Tips
– Consult an Attorney: Navigating the removal process can be complex, and it is highly recommended to consult with an experienced probate attorney who can provide guidance and represent your interests in court.
– Document Everything: In order to Remove an Administrator, you should keep detailed records of all interactions and transactions related to the estate. This documentation can be crucial in supporting your case for removal.
– Act Promptly: If you suspect misconduct or neglect, act promptly to address the issue. Delaying action can further harm the estate and complicate the removal process.
Conclusion
To Remove an Administrator in New York Surrogate’s Court is a serious step that requires substantial evidence and a thorough understanding of the legal process, particularly SCPA 711 and SCPA 719.
If you believe that the current administrator is not fulfilling their duties or is acting against the best interests of the estate, taking prompt and informed action is essential. Consulting with a knowledgeable probate attorney can help ensure that the estate is managed properly and that the deceased’s wishes are respected.
If you have any questions or need assistance to remove an administrator, please feel free to reach out to us. We are here to support you through every step of this challenging process.
For more information, please contact NYC Probate Litigation, Guardianship, Probate, and Estate Planning attorney Regina Kiperman:
Phone: 917-261-4514
Fax: 929-556-2089
Email: rkiperman@rklawny.com
Or visit her at:
40 Wall Street
Suite 2508
New York, NY 10005
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