Legal Question in Wills and Trusts in New York

Re: removal of administrators

In order to remove and Administrator you must have persuasive evidence is improper conduct. The best procedure to follow in your circumstances is to demand an accounting. This is initiated by a Petition. You can get help from the Surrogate's court clerk.

Re: removal of administrators

I agree with Norman, that a Complaint for an accounting is how this is initiated. You do not need an attorney to do this and the Surrogate's office personnel can assist you. If the estate is large enough, using an attorney is better and his fees may even be eligible to be paid from the estate. You do not say who the Administrators are, and whether or not they are family members? If the accounting shows they have acted improperly, your Complaint can also ask that they be removed, someone else substituted for them, and evn have them surcharged for any impropriety that may have done. Unless this was a complicated estate, 6 years is too long for the estate not to have been settled. This is a response to an Internet question and the reply is not intended to be legal advice or as creating an attorney-client relationship.