Do I have to have an attorney to petition THE court to remove AN administrator/heir?

It is an intestate estate.

Asked on June 4, 2014 under Estate Planning, Indiana


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

No, not necessarily.  Ever state - Indiana included - has a set of forms that comply with their civil procedure law. If you go to a law library (often located in Courthouses) you can ask about the forms.  And sometimes legal supply stores also have them.  But be leery about filling out forms with out at least consulting with an attorney.  ASk to see some one for a flat rate fee or hourly to discuss the matter and what you need to allege. The Administrator can use estate funds to defend themselves which will diminish inheritance.  So maybe asking the court to oversee their actions - rather than removing them - is an option.  Good luck.

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