Sample Petition For Removal Of Personal Representative For Probate
Description
How to fill out Montana Petition To Remove A Co-Personal Representative, Or Alternatively, Petition For Supervised Administration?
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FAQ
(a) Any interested person may petition for removal of the personal representative from office. A petition for removal may be combined with a petition for appointment of a successor personal representative under Article 7 (commencing with Section 8520). The petition shall state facts showing cause for removal.
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 the estate is not settled within a year of the first personal representative's appointment, file a Notice of Continued Administration with the court stating why the estate must remain open.
(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.
A personal representative cannot resign without the probate court's consent, and then only when a successor personal representative is appointed.