You get a certified notice in the mail with “SHOW CAUSE ORDER” from your probate court. Your name is listed with a court date and time to appear, and a few words that something is missing or wrong with how you are handling your loved one’s estate.
You call the probate court trying to find out what you did. You are scrambling around to find a form to fix the problem. Or worse, you have ten other things that need to be done in your life. Surely, this can wait.
Think again. That dreaded Show Cause Order will turn into a Show Cause Order for Contempt and Removal of Personal Representative.
Common Problems That Result in a Show Cause Order
Most times the probate court is issuing a Show Cause Order to get you as the executor or personal representative to do something or correct a filing. These are the most common mistakes:
- You forgot to file an Inventory listing the estate’s assets
- You forgot to file a semi-annual accounting
- You did not include proper documentation for your inventory or accounting
- Your calculations are wrong and need correction
- You did not include a certificate of service
- You did not sign the inventory or accounting
Most times, just correcting the error takes the Show Cause Order off the court’s docket. But, if you do not know what to correct or fix, that Show Cause Order can snowball into something bigger like a bench warrant or your removal as executor.
How to Get Back on Track
If you do not have legal representation, your best course of action is to hire an experienced estate attorney who is knowledgeable about the estate administration process and who can help you get your administration back on track.
When faced with a Show Cause Order, it’s important to go back to the estate file and review all the documents. Most times, the court or register will issue a notice in advance of what filings need to be completed. It’s important to note these filings and their respective deadlines.
You want the court to know that you are taking your job as executor seriously. Most courts look favorably at the following:
- Having an attorney enter the case on your behalf
- Showing up to any court hearing if you cannot ask for a postponement well before the hearing
- Requesting an extension of time for filing
- Filing amended inventories and accountings as soon as possible
- Filing supporting documents or missing certificates/schedules
- Setting up an appointment with the register’s audit department to review your filings to explain any defects
- Filing a petition for clarification of any complex matters such as an interpretation of a will, determination of value of assets, etc.
Most probate judges understand mistakes happen. Things can be corrected. Times can be extended. However, it’s important to be present, show-up and be accountable.
Risks of Show Cause Orders
A Show Cause Order, as scary as it sounds, is an opportunity to correct something usually in the estate administration process. What normally irritates judges is when you do not show up to the hearing or fail to complete the task that started the show cause hearing.
The most common result of not following through is removal as the personal representative, followed by the need for someone else to petition to become the successor personal representative at a higher bond premium, or for an attorney to be appointed by the court to perform the role.
Final Thoughts
Take the Show Cause Order seriously. Contact an experienced estate attorney to help you get through the hearing and make the corrections. Many lawyers can be retained for a limited purpose so you can budget the estate’s assets.
The alternative is that the court will remove you and appoint an attorney to do the job and get paid. However, getting your estate administration back on your terms sometimes requires hiring an attorney of your choosing rather than having the court appoint one on your behalf.
