Sample Petition For Removal Of Personal Representative Without Consent
Description
How to fill out Montana Petition To Remove A Co-Personal Representative, Or Alternatively, Petition For Supervised Administration?
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FAQ
If you resign from your role as Executor, generally, another Executor will be appointed. If more than one Executor is named in the deceased's Will or a backup Executor, then the responsibility will fall to them. Alternatively, if you have been named as a sole Executor, a suitable replacement will need to be found.
(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.
To remove an executor of an estate, an interested party can file a petition in probate court. This legal action alleges that the executor is unfit due to reasons such as negligence, misconduct, or incapacity. Such a petition ensures the proper administration of the estate.
MI Form PC 561, which may also referred to as Waiver/consent, is a probate form in Michigan. It is used by executors, personal representatives, trustees, guardians & other related parties during the probate & estate settlement process.