Who would you complain to about a court appointed administrator?

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Who would you complain to about a court appointed administrator?

Aren’t court appointed probate administrators supposed to be impartial?

Asked on September 17, 2010 under Estate Planning, Tennessee

Answers:

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

Answered 11 years ago | Contributor

An Administrator of an estate is also known as a personal Representative of the estate or a fiduciary of the estate and yes, they are supposed to be impartial but to have the best interests of the estate in mind.  When you say "court appointed" do you mean that someone applied to be the administrator of the estate because there was no Last Will and Testament left by the decedent?  Or do you mean that the court appointed what in some states is known as a "public administrator" because no one else wanted to be the administrator of the estate?  If it is the former and that person is not handling things the way you think that they should be - and I would consult with an attorney about your concerns - then you can file a Petition to have them removed.  You need cause, it will be out of pocket to you and the administrator has a right to be represented with estate funds (meaning that the assets of the estate will be deleted for legal fees).   I am not trying to deter you from acting only giving you an overview of what can be.  Good luck.


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