75-3-611. Termination of appointment by removal -- Cause -- Procedure.
(1) A person interested in the estate may petition for removal of a personal representative
for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing.
Notice shall be given by the petitioner to the personal representative and to other persons as the
court may order. Except as otherwise ordered as provided in Section 75-3-607, after receipt of
notice of removal proceedings, the personal representative shall not act except to account, correct
maladministration, or preserve the estate. If removal is ordered, the court also shall direct by
order the disposition of the assets remaining in the name of, or under the control of, the personal
representative being removed.
(2) Cause for removal exists:
(a) When removal would be in the best interest of the estate.
(b) If it is shown that a personal representative or the person seeking his appointment
intentionally misrepresented material facts in the proceedings leading to his appointment.
(c) If it is shown that the personal representative has disregarded an order of the court,
has become incapable of discharging the duties of his office, has mismanaged the estate, or failed
to perform any duty pertaining to the office.
(3) Unless the decedent's will directs otherwise, a personal representative appointed at the
decedent's domicile, incident to securing appointment of himself or his nominee as ancillary
personal representative, may obtain removal of another who was appointed personal
representative in this state to administer local assets.
Enacted by Chapter 150, 1975 General Session
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Last revised: Thursday, May 28, 2009