75-3-611 - Termination of appointment by removal -- Cause -- Procedure. - Utah Statutes

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Statutes > Utah > Title-75 > Chapter-03 > 75-3-611

75-3-611. Termination of appointment by removal -- Cause -- Procedure.
(1) A person interested in the estate may petition for removal of a personal representativefor 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 thecourt may order. Except as otherwise ordered as provided in Section 75-3-607, after receipt ofnotice of removal proceedings, the personal representative shall not act except to account, correctmaladministration, or preserve the estate. If removal is ordered, the court also shall direct byorder the disposition of the assets remaining in the name of, or under the control of, the personalrepresentative 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 appointmentintentionally 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 failedto perform any duty pertaining to the office.
(3) Unless the decedent's will directs otherwise, a personal representative appointed at thedecedent's domicile, incident to securing appointment of himself or his nominee as ancillarypersonal representative, may obtain removal of another who was appointed personalrepresentative in this state to administer local assets.

Enacted by Chapter 150, 1975 General Session

State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-03 > 75-3-611

75-3-611. Termination of appointment by removal -- Cause -- Procedure.
(1) A person interested in the estate may petition for removal of a personal representativefor 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 thecourt may order. Except as otherwise ordered as provided in Section 75-3-607, after receipt ofnotice of removal proceedings, the personal representative shall not act except to account, correctmaladministration, or preserve the estate. If removal is ordered, the court also shall direct byorder the disposition of the assets remaining in the name of, or under the control of, the personalrepresentative 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 appointmentintentionally 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 failedto perform any duty pertaining to the office.
(3) Unless the decedent's will directs otherwise, a personal representative appointed at thedecedent's domicile, incident to securing appointment of himself or his nominee as ancillarypersonal representative, may obtain removal of another who was appointed personalrepresentative in this state to administer local assets.

Enacted by Chapter 150, 1975 General Session

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State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-03 > 75-3-611

75-3-611. Termination of appointment by removal -- Cause -- Procedure.
(1) A person interested in the estate may petition for removal of a personal representativefor 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 thecourt may order. Except as otherwise ordered as provided in Section 75-3-607, after receipt ofnotice of removal proceedings, the personal representative shall not act except to account, correctmaladministration, or preserve the estate. If removal is ordered, the court also shall direct byorder the disposition of the assets remaining in the name of, or under the control of, the personalrepresentative 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 appointmentintentionally 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 failedto perform any duty pertaining to the office.
(3) Unless the decedent's will directs otherwise, a personal representative appointed at thedecedent's domicile, incident to securing appointment of himself or his nominee as ancillarypersonal representative, may obtain removal of another who was appointed personalrepresentative in this state to administer local assets.

Enacted by Chapter 150, 1975 General Session