How do you demand a removed administrator to turn over bank accounts?

Assuming that you have some legal interest in this case, unless you do not care about what happened to the missing $80,000 you are advised to hire competent legal counsel (someone who practices in this complex area of law) to attend the hearing on June 6. My guess is that the Judge will order the "removed administrator" to surrender the bank account and any check book to whoever is taking over the duties of "administrator" and also instruct them to pay some reasonable fee to the "removed administrator." Expect anything to happen.

The removed administrator should turn over all inventory to the successor personal representative by June 6th as ordered by the court. The removed administrator should also have be required to file an accounting for his or her actions as administrator. By "the attorney," I am assuming you are referring to the attorney for the removed administrator. She is not entitled to payment of any fees from the property of the estate until the court has approved and ordered her fees paid. This should not stop the turn over of the estate property to the successor representative. The successor representative and the heirs and beneficiaries will have the right to object to any accounting and request for attorney fees and seek surcharges against the removed administrator for improper actions. If there is $80,000 in funds not included in the inventory or turned over, I would advise the successor representative take appropriate steps to recover those funds and not wait until the removed administrator files an accounting. Just administering an estate can be complicated. Probate litigation can be even more complex. There are Probate Code sections, California court rules and local rules and procedures one needs to know, not to mention the fact that a decision on whether to file a Probate action or a Civil action may have to be made if funds have been misappropriated. I recommend that if you are the successor personal representative for the estate that you obtain representation from an attorney experienced in handling matters before your local Probate Court. You may want to use 's "Find a Lawyer" above or seek an Probate attorney through your county bar association's referral service.