(a) 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 524.3-607, after receipt of notice of removal proceedings, the personal representative shall not act except to account, to 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.
(b) Cause for removal exists when removal is in the best interests of the estate, or if it is shown that a personal representative or the person seeking the personal representative’s appointment intentionally misrepresented material facts in the proceedings leading to the appointment, or that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of office, or has mismanaged the estate or failed to perform any duty pertaining to the office. In determining the best interests of the estate, the personal representative’s compensation and fees, and administrative expenses, shall also be considered. Unless the decedent’s will directs otherwise, a personal representative appointed at the decedent’s domicile, incident to securing personal appointment or the appointment of a nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in this state to administer local assets.
History:
1974 c 442 art 3 s 524.3-611; 1979 c 137 s 2; 1986 c 444