§560:3-611  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.  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 560:3-607, 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 when removal
would be 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 the office, or has
mismanaged the estate or failed to perform any duty pertaining to the office. 
Unless the decedent's will directs otherwise, a personal representative
appointed at the decedent's domicile, incident to securing appointment of the
personal representative's self or a nominee as ancillary personal representative,
may obtain removal of another who was appointed personal representative in this
State to administer local assets. [L 1996, c 288, pt of §1]



 



Case Notes



 



  As an interlocutory order, denial of petition for court order
removing personal representatives was not appealable under either collateral
order exception or irreparable injury exception.  83 H. 412 (App.), 927 P.2d
420.