Detailed Legal Actions Against Probate Mismanagement

When a personal representative mishandles estate assets, North Carolina law offers clear remedies. You can demand a formal accounting, ask the court to remove the fiduciary, seek repayment for losses, or pursue a civil claim. In serious cases, criminal charges may apply.

1. Request an Accounting
Under N.C. Gen. Stat. § 28A-19-5, you file a petition asking the court to order the representative to submit a full report of all estate transactions.
N.C. Gen. Stat. § 28A-19-5

2. Petition for Removal
If the fiduciary acts with gross negligence, willful misconduct, or refuses to account, you can petition for removal under N.C. Gen. Stat. § 28A-15-1. The court may replace the representative to protect the estate.
N.C. Gen. Stat. § 28A-15-1

3. Seek a Surcharge for Losses
When estate funds vanish or assets lose value due to mismanagement, you can request a surcharge. This compels the fiduciary to repay losses under N.C. Gen. Stat. § 28A-27.
N.C. Gen. Stat. § 28A-27

4. File a Civil Claim for Breach of Fiduciary Duty
You may pursue a separate lawsuit for breach of fiduciary duty. This action can recover damages, court costs, and attorney fees. You must show the duty owed, a breach, causation, and damages.

5. Consider Criminal Charges
If mismanagement involves theft or embezzlement, report to law enforcement. The district attorney can file charges under N.C. Gen. Stat. § 14-90 for larceny by fiduciary.
N.C. Gen. Stat. § 14-90

Steps to Address Probate Mismanagement

• Petition the court for an accounting of estate assets.
• File a petition to remove the personal representative.
• Request a surcharge to recover lost funds.
• Pursue a breach of fiduciary duty lawsuit if necessary.
• Report criminal misconduct to the district attorney.