Sample Petition For Removal Of Personal Representative For Estate
Description
How to fill out Montana Petition To Remove A Co-Personal Representative, Or Alternatively, Petition For Supervised Administration?
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FAQ
(1) An interested person 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. The petitioner shall give notice to the personal representative and to other persons as the court orders.
Rights of the Personal Representative in South Carolina SC Code § 62-3-719 states that a personal representative is entitled to a minimum of $50, regardless of the estate's value, up to a maximum of 5% of the estate's value.
A personal representative cannot resign without the probate court's consent, and then only when a successor personal representative is appointed.
Texas Estate Code Section 361.052 lists the circumstances when a personal representative can be removed: the representative (1) has misapplied, embezzled all or a part of the property entrusted to the representative's care; (2) fails to return any account required by law to be made; (3) fails to obey a proper order of ...
If you have already started acting as an Executor but are no longer willing or able to continue to act, you must renounce your executorship. To do this, you must apply to the Supreme Court of the relevant State/Territory.