14-3611. Termination of appointment by removal; cause; procedure

284 words·~1 min read·/az/title-14/14-3611

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A. A person interested in the estate may petition for removal of a personal representative for cause at any time. On filing of the petition, the court shall fix a time and place for a 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 14-3607, after receipt of notice of removal proceedings, the personal representative shall not act except to account, to correct maladministration or to 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 under any of the following circumstances:

1. If removal would be in the best interests of the estate.

2. 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 personal representative's appointment.

3. If it is shown that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of that office, has mismanaged the estate or has failed to perform any duty pertaining to that office.

4. If it is shown that the personal representative has disregarded the reasonable written wishes of the decedent regarding the disposition of the decedent's remains.

C. 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.