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