Executor Resignation and Removal Requirements by State
After an executor or personal representative has been appointed, who may seek removal, on what statutory grounds may or must the court remove the fiduciary, how may the fiduciary resign, what notice, hearing, accounting, bond, and turnover duties apply, and how is a successor appointed?
Jurisdictions
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Every entry, oldest check August 28, 2026
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What this survey covers
This survey begins after a probate court has appointed an executor, administrator, or personal representative. It compares how that fiduciary may leave voluntarily, who may seek involuntary removal, what the court must or may find, and how the estate moves from the departing fiduciary to a successor.
The table separates removal standing and mandatory grounds from discretionary grounds, then follows resignation and removal through notice, hearing, interim protection, accounting, liability, bond, turnover, successor authority, and any special appeal or stay rule. It does not decide whether alleged misconduct, incapacity, conflict, delay, or unfitness has been proved.
How to read the table
Start with the governing office and petitioner columns. States use different terms and different standing rules: some let any interested person petition, some expressly include the bond surety, and some let the probate court act on its own motion.
Then compare mandatory and discretionary removal. A loss of qualification may require removal while neglect, waste, conflict, ineffective administration, or other good cause may only authorize it. The same factual category can sit on opposite sides of that line in different states.
Finish with transition mechanics. A resignation may need written filing, notice, consent, and court acceptance; liability and the bond may continue until an account and turnover are approved. Successor appointment may be immediate, mandatory only when no cofiduciary remains, or temporary during an appeal.
Why a state comparison matters
Florida permits resignation only after notice to all interested persons and court acceptance on a no-jeopardy finding. Acceptance does not exonerate the representative or surety; the resigning representative must surrender estate property and records, file and serve a final account, and reach discharge before the bond and surety are released. Florida separately distinguishes mandatory removal for original disqualification from a detailed discretionary list. Fla. Stat. §§ 733.502-.505.
Connecticut lets the Probate Court act on its own motion or on a petition by an interested person or the probate-bond surety, after notice and hearing. It may accept or reject a written resignation, requires the final account within 60 days after acceptance, permits a bonded successor, and makes that successor temporary rather than stayed during the removed fiduciary's appeal. Conn. Gen. Stat. §§ 45a-242 to -243.
Oregon requires removal when the representative loses qualification or becomes incapable, but makes unfaithfulness, neglect, a specified disclosure failure, and other good cause discretionary. The court uses a show-cause order served on the representative and surety; its successor provision recognizes a court-accepted resignation without supplying a separate statewide resignation form. ORS §§ 113.195, 113.215.
New Hampshire makes ordinary cause-based revocation discretionary after due notice, while failure to maintain the required resident agent produces mandatory removal. A resignation needs the fiduciary's request and the probate judge's approval, and a vacancy may lead to discretionary appointment of an administrator de bonis non with regard to the original priority rules. RSA §§ 553:2, 553:7, 553:10-12, and 553:25-28.
Scope boundaries
This is a neutral procedure survey, not a recommendation to resign, remove, settle, suspend, surcharge, or appeal. It does not choose a successor, prove a ground, evaluate testimony, prepare a local petition, calculate liability or fees, determine bond sufficiency, or predict what a probate judge will do. Those questions depend on the complete will, orders, bond, account, estate record, local and statewide rules, evidence, pending transactions, and current licensed advice.
State by state
Every column answered the same way for each jurisdiction. Open a state for the full page, with the statute text and the date it was checked.
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| State | Governing law, office, stage, and court | Petitioners, court initiative, and surety role | Mandatory removal and disqualification | Discretionary removal grounds | Resignation form, notice, consent, and acceptance | Removal process, hearing, show cause, and interim relief | Accounting, liability, bond, compensation, and turnover | Successor or interim fiduciary, powers, and notice | Appeal, stay, transition, and reinstatement |
|---|---|---|---|---|---|---|---|---|---|
| Alabama verified 2026-08-28 | Ala. Code tit. 43, ch. 2 governs an already-appointed executor or administrator; resignation is filed in the court having administration jurisdiction, removal is sought in the court issuing letters or where administration is pending, and the probate court grants successor letters (§§ 43-2-270, -272, -293) |
Creditor, legatee, devisee, heir, distributee, coexecutor, coadministrator, or any surety may seek removal or additional bond. Probate judge may initiate citation/show cause. Surety may show likely fiduciary insolvency and probable loss as an added-bond ground (§§ 43-2-292, -293, -299) |
Sentence to penitentiary, county jail, or county hard labor for at least 12 months terminates the right to serve as if removed. Failure to comply timely with an additional-bond order entered on an application requires removal and letter revocation. Later-proved will plus qualified named executor requires revocation of intestate-administration letters (§§ 43-2-291, -298; 43-2-29) |
May remove administrator for leaving state; executor/administrator for mental imbecility, intemperance, continued disabling sickness, conduct/character showing unsuitability, inventory/sale-account/settlement failure, failure of a probate-judge-required act, waste, embezzlement, other maladministration, personal use of estate funds, or sentence of at least 12 months. Own-motion added-bond default also permits removal (§§ 43-2-290, -299) |
Executor or administrator resigns by a writing subscribed by that fiduciary; it must be filed and entered of record in the court having administration jurisdiction. Section 43-2-270 states no advance notice, beneficiary consent, separate court-acceptance finding, or fixed acceptance period |
Application must be written, oath-verified, ground-specific, and filed in issuing/pending-administration court. Citation to answer must be served five days before hearing; absent/nonresident fiduciary receives three successive weeks' publication. Court hears evidence and may examine parties; either party may demand jury trial on embezzlement, waste, or other maladministration. Own-motion citation sets show cause five days after service. No general suspension rule; administrator ad litem represents estate in a particular proceeding when no fiduciary exists or the fiduciary is adverse (§§ 43-2-250, -293 to -296, -299) |
Outgoing fiduciary ordinarily files accounts, vouchers, and heirs/legatees statement and makes final settlement within one month after authority ceases; successor is a party and, if Alabama resident, gets 10 days' personal hearing notice. Resigning fiduciary and sureties remain bound for unadministered assets not delivered. Court may decree balance and personal-property delivery, compel settlement by attachment, or state the account. No special compensation-forfeiture rule; court may decree a qualifying balance, including necessary administration expenses, to outgoing fiduciary (§§ 43-2-271, -550 to -556) |
When sole/all executors depart, probate court must grant administration-with-will-annexed under § 43-2-27 priority; after administrator departure, it must grant administration of unadministered property under intestacy priority. Successor joins final settlement, receives decreed balance/property, and gets 10 days' personal notice if resident. Later unadministered personalty after final settlement requires suitable bonded administrator; administrator ad litem is limited to a particular proceeding (§§ 43-2-27, -42, -250, -272, -274, -551 to -552) |
Aggrieved party may appeal removal to circuit court within seven days or to Supreme Court under appellate rules. Appeal requires cash or surety bond at least equal to fiduciary bond, securing prosecution, costs, and faithful fiduciary duties until decision. Statutes do not label appeal an automatic stay or provide reinstatement. Resignation uses filed/recorded writing; removal revokes letters; successor letters fill vacancy (§§ 12-22-21(3), -24; 43-2-270, -272, -290) |
| Alaska verified 2026-08-28 | Alaska Stat. §§ 13.06.050, 13.16.065, 13.16.245 to .330, and 13.16.415 to .435; already-appointed personal representative in the superior court, with the registrar handling specified informal filings. Personal representative includes executor, administrator, successor, and special administrator |
A person interested in the estate may petition for removal; a person who appears interested may seek temporary restraint. Interested person includes heirs, devisees, children, spouses, creditors, beneficiaries, estate claimants, appointment-priority holders, and representative fiduciaries. No own-motion or surety removal-petition route is stated. Qualifying interested person/creditor may demand bond; successor, another representative, or interested person may proceed against surety (§§ 13.06.050, 13.16.265-.275, .295) |
No § 13.16.295 cause commands removal. Death or conservator appointment terminates appointment automatically; changed testacy terminates only when the newly entitled representative is appointed. Failure to furnish demanded bond within 30 days is cause for removal/successor appointment, not automatic termination. Appointment qualifications bar persons under 19 and persons formally found unsuitable, without an automatic post-appointment consequence (§§ 13.16.065, .265, .285, .300) |
Cause exists when removal serves the estate's best interests; the representative or appointment seeker intentionally misrepresented material appointment facts; or the representative disregarded a court order, became incapable, mismanaged the estate, or failed any office duty. Unless the will directs otherwise, a domiciliary representative may displace Alaska's ancillary representative when securing local appointment personally or for a nominee (§ 13.16.295) |
File a written resignation statement with the registrar after at least 15 days' written notice to persons known to be interested. Filing is ineffective if no successor application or petition is made within the notice time and, in every event, takes effect only after successor appointment, qualification, and asset delivery. No consent substitute, separate court-acceptance finding, or remaining-corepresentative exception is stated (§ 13.16.290) |
Removal petition may be filed anytime; court fixes hearing, and petitioner gives notice to representative and court-designated others. After notice, representative may act only to account, correct maladministration, or preserve the estate unless otherwise ordered. On an apparent-interest petition and unreasonable-jeopardy showing, court may temporarily restrain acts or secure performance; hearing is within 10 days unless parties agree otherwise. Special administrator is available after notice/hearing or without notice in emergency (§§ 13.16.275, .295, .310-.325) |
Termination preserves liability for earlier acts/omissions and duties to preserve, account for, and deliver controlled assets; removal order directs disposition, but no departure-specific account deadline is stated. Bond ordinarily is required unless will, heir/devisee waivers, corporate-fiduciary status, or statutory deposit excuses it; $1,000 demand and 30-day cure rules apply, with surety liability under approved terms. Reasonable compensation remains available (§§ 13.16.255-.270, .280, .295, .430) |
Ordinary priority governs successors: will priority, spouse-devisee, other devisees, spouse, heirs, then creditor after 45 days, subject to objection/nomination rules and age-19 qualification. Qualified successor substitutes without repeated notice, process, or claims and receives predecessor's continued-administration/nonpersonal powers. Remaining corepresentatives continue unless will says otherwise; special administrator may protect/administer temporarily (§§ 13.16.065, .305-.325, .415, .425) |
Sections 13.16.280-.305 state no special removal appeal, stay, temporary-on-appeal, or reinstatement rule. Termination ends authority except protective acts and delivery before distribution or restraint. In changed-testacy cases only, successor appointment terminates the old office; if no request is made within 30 days after the testacy appeal time expires, the prior representative may request appointment under the new status (§§ 13.16.280, .300) |
| Arizona verified 2026-08-28 | A.R.S. §§ 14-1302, 14-3607 to -3613, 14-3716, 14-3718; already-appointed personal representative; Title 14 court has estate jurisdiction and broad order/enforcement power |
Any person interested in estate may petition for cause removal at any time; person appearing to have an estate interest may seek temporary restraint. Domiciliary personal representative may obtain removal of Arizona ancillary representative unless will says otherwise. No court-initiative or surety removal petition is stated (§§ 14-3607, -3611) |
No § 14-3611 cause requires removal; court orders removal after hearing. Death or appointment of a conservator automatically terminates appointment. Changed testacy does not itself terminate appointment; termination occurs when person entitled under later assumption is appointed (§§ 14-3609, -3611 to -3612) |
Cause: estate best interests; intentional material misrepresentation by representative or appointment seeker; disregarded court order; incapacity; estate mismanagement; failure of office duty; disregard of decedent's reasonable written remains wishes; plus domiciliary representative's ancillary-removal route unless will directs otherwise (§ 14-3611) |
File written resignation statement with registrar after at least 15 days' written notice to known interested persons. If no successor application/petition is made within notice time, filing is ineffective; in all events resignation terminates appointment only after successor appointment/qualification and asset delivery. No consent or separate good-cause finding stated (§ 14-3610(C)) |
Court fixes hearing time/place; petitioner notices representative and others court orders. After removal notice, representative acts only to account, correct maladministration, or preserve estate unless court otherwise orders; removal order directs remaining-asset disposition. Interested person may separately obtain temporary restraint/other performance order, with hearing within 10 days unless agreed and court-directed notice (§§ 14-3607, -3611) |
Termination preserves liability for prior acts/omissions and duties to preserve, account, and deliver controlled assets; court retains jurisdiction. Before distribution or restraint, former representative may protect estate and deliver to successor. Removal order directs asset disposition. Cited termination sections state no fixed final-account deadline, compensation rule, or bond/surety release (§§ 14-3608, -3611) |
Ordinary appointment articles govern successor. After qualification, successor may substitute into proceedings; prior notice/process/claims need not repeat; successor generally inherits predecessor powers/duties and must complete administration/distribution expeditiously, except will-personal powers. Remaining co-representatives exercise all powers unless will says otherwise (§§ 14-3613, 14-3716, -3718) |
Cited removal sections state no special appeal, stay, or reinstatement. Termination ends office powers/representation subject to narrow protection/turnover acts and preserves liability/account/delivery. Changed-testacy section uses 30 days after appeal time expires for a request to appoint the former representative under new status; resignation waits for successor qualification and delivery (§§ 14-3608, -3610, -3612) |
| Arkansas verified 2026-08-28 | Arkansas Probate Code, Title 28, uses 'personal representative' for executor or administrator. Circuit court has jurisdiction over decedent-estate administration, settlement, and distribution; §§ 28-48-103 to -108 govern special administration, removal, death/incapacity, successor, and compensation, with chs. 52-53 governing accounts and discharge (§§ 28-1-102, -104) |
Court may order show cause on own motion and shall do so on petition of an interested person—heir, devisee, spouse, creditor, another property-right/claim holder, or fiduciary (§§ 28-1-102(a)(11), 28-48-105(a)(2)). Surety may withdraw by 20-day notice and file a delinquent principal's account; bond enforcement may begin on court motion or successor/interested-person application (§§ 28-48-203, -208; 28-52-103(b)(2)) |
General § 28-48-105 grounds are discretionary ('may remove'). Mandatory replacement applies if representative fails court-required bond or, when no bond is required, written acceptance by court-set time; issued letters shall be revoked (§ 28-48-202). After surety's 20-day withdrawal notice, no approved new bond by noon on termination date causes ipso facto removal and successor appointment (§ 28-48-203). Death or appointment of a guardian of representative's estate terminates appointment (§ 28-48-106) |
Complete § 28-48-105 menu: mental incompetence; later disqualification; unsuitability; incapability of discharging trust; estate mismanagement; failure of any legal duty or lawful court order; or ceasing Arkansas residence without the required § 28-48-101(b)(6) service agent. Disqualification includes under 18, unsound mind, unpardoned felony, unauthorized fiduciary corporation, court-found unsuitability, and nonresident-agent default (§ 28-48-101) |
Representative applies to resign and must file a verified administration account before court accepts resignation (§§ 28-48-107(a), 28-52-103(a)(3)). Statutes state no signed-writing label, fixed advance notice, beneficiary consent, resignation hearing interval, acceptance findings, or automatic effective date; acceptance by court is the effective office-transition event |
On interested-person petition court shall, and on own motion may, order representative to appear and show cause (§ 28-48-105(a)(2)); core section states no fixed service method, notice interval, response deadline, automatic suspension, or restricted-power period. For good cause, court may appoint special administrator before or after general appointment, with or without removal, without notice or on court-directed notice, for stated time/property/acts (§ 28-48-103) |
Revocation and resignation application each require verified account; delinquency triggers clerk citation for filing within 30 days, coercive process, and costs (§ 28-52-103). Clerk publishes account filing; account waits 60 days and interested persons may object (§§ 28-52-106-.107). Approval relieves representative/surety only for accounting period, subject to appeal/vacatur; court may deny/reduce compensation after cited account/substantial-duty failure (§§ 28-48-108(c), 28-52-109). No departure-specific turnover deadline; delay delivering estate property is chargeable (§ 28-52-101(c)(3)) |
On interested-person motion/petition court may replace a dead, removed, or court-accepted-resigned representative and shall replace sole/last one if administration unfinished. Successor receives predecessor's rights/powers except will powers clearly personal to nominee (§ 28-48-107). Remaining joint representative exercises powers after another appointment ends unless will clearly provides otherwise (§ 28-48-104). Section 28-48-107 states no renewed creditor notice or separate successor priority; ordinary qualification rules remain separate |
Ordinary grant or denial of removal is appealable under § 28-1-116(a), but no appeal lies from removal for failure to give new bond or render court-required account, or from special-administrator appointment (§§ 28-1-116(b), 28-48-103(f)). Appeal stays other circuit-court proceedings unless court finds no interested-person prejudice and permits continuation (§ 28-1-116(e)). Prior official acts remain valid; no special temporary-successor or reinstatement rule (§ 28-48-105(b)) |
| California verified 2026-08-28 | Cal. Prob. Code §§ 8500-8505, 8520-8525; already-appointed personal representative in superior-court probate administration; executor and administrator included through personal-representative office |
Any interested person may petition; court may proceed from own knowledge or other credible information, including at account settlement. Higher-priority surviving spouse/relative or nominee has special administrator-removal route subject to two discretionary refusals. No surety petition right stated; representative/surety liability continues after vacancy (§§ 8500(a)-(b), 8503, 8525(b)) |
Court shall remove administrator appointed on intestacy when a will is later admitted, and shall remove executor/administrator-with-will-annexed when a later will is admitted. After any removal, letters are revoked and authority ceases. Other listed § 8502 and contempt grounds use may (§§ 8501, 8504) |
May remove for actual or threatened waste, embezzlement, mismanagement or estate fraud; incapacity or lack of qualification; wrongful or long neglect; estate/interested-person protection; other statutory cause; contempt; or higher-priority administrator replacement. Court may refuse priority replacement after prior notice/opportunity or when contrary to sound administration (§§ 8502-8503, 8505) |
Section 8520 says resignation creates a vacancy, but current §§ 8500-8505 and 8520-8525 state no statewide resignation writing, petition, notice, consent, acceptance finding, or effective-date procedure. Local filing practice and court orders must be checked (§ 8520) |
Petition states facts showing cause and may combine successor request. Court issues citation to appear/show cause; may suspend powers and protect property; interested persons may file written retain/remove declarations; representative may demur/answer and can be compelled to attend and answer under oath. Duly served citation, evidence, and cause produce removal; contempt route may proceed by fact-reciting order without further showing/notice (§§ 8500, 8505) |
Pre-vacancy acts remain valid. Representative and bond surety liability are not discharged by vacancy/successor and continue until accounts settle and all estate property is delivered; account due within court-directed time. Sections state no special compensation or reserve rule (§ 8525) |
Remaining co-personal representatives ordinarily finish unless will/court says otherwise; amended letters available on petition. If none remain, court must appoint successor on petition, § 8110-series notice, and original priority; deceased representative's own representative has no automatic right. Court may use interim orders/special administrator. Successor inherits unadministered estate, pending suits, preserved notices/claims, and predecessor powers/duties subject to stated exceptions (§§ 8521-8524) |
Current §§ 8500-8505 and 8520-8525 state no special appeal, stay, temporary-successor, or reinstatement rule. Removal revokes letters and ends authority; resignation/death/removal/other termination creates vacancy; successor authority follows appointment (§§ 8501, 8520-8525) |
| Colorado verified 2026-08-28 | Colo. Rev. Stat. §§ 15-10-201(10), 15-10-501 to -505, 15-10-602, 15-12-203, 15-12-605 to -614; personal representative/fiduciary in district court, or Denver Probate Court, after appointment |
Court may act on own motion; interested person may request emergency action or petition for nonemergency relief/removal. Domiciliary representative may seek ancillary representative's removal. Surety has no removal standing; successor/other representative/interested person may proceed against surety (§§ 15-10-503, 15-12-606(1)(d), 15-12-611(2)) |
No general mandatory-removal menu: § 15-10-503 says may remove for cause. Death or appointment of a conservator terminates office automatically; later testacy status terminates only when entitled successor is appointed. Failure to post demanded bond within 30 days is cause for removal/successor (§§ 15-12-605, -609, -612) |
Cause: removal best for estate; intentional material misrepresentation by fiduciary or appointment proponent; court-order disregard; incapability; mismanagement; failure of any office duty. Bond noncompliance and ancillary displacement are added routes (§§ 15-10-503(3), 15-12-605, 15-12-611) |
File written resignation with registrar after ≥14 days' written notice to known interested persons. Sole representative: ineffective until successor appointed/qualified and assets delivered. Corepresentative: effective only after assets delivered to remaining corepresentatives. No consent or separate acceptance finding stated (§ 15-12-610(3)) |
Emergency: court/interested-person request, no prior notice/hearing required; restraint/restriction/suspension, appearance order, hearing and notice follow, ruling within 14 days. Nonemergency: petition/own motion plus noticed hearing; supervision, restraints, suspension, review, temporary/permanent successor, removal, other protection. After petition notice, representative may only account, correct maladministration, or preserve (§§ 15-10-503, -505) |
Termination does not discharge pretermination liability or duties to preserve, account, and deliver. Removal order directs remaining-asset disposition and revokes letters. Surety remains jointly/severally liable under bond and may face court proceeding. After removal notice, estate-paid compensation/fees require court order; good-faith proceeding costs may be reimbursed (§§ 15-10-503(3), 15-10-602(5)-(6), 15-12-606, -608) |
General § 15-12-203 priority governs successor; court may add successor beside remaining fiduciaries or let them continue, subject to will. Successor substitutes into proceedings, inherits powers/duties unless court orders otherwise, and prior notice/process/claims need not be repeated. Special administrator available for protection/proper administration, including emergency appointment (§§ 15-12-203(8)-(9), -613 to -617) |
Cited removal provisions state no special appeal stay or reinstatement. Termination ends office authority but preserves protection/account/delivery duties and court jurisdiction. Changed-testacy successor appointment triggers termination; after 30 days following appeal-time expiration with no new request, prior representative may request appointment under new status (§§ 15-12-608, -612) |
| Connecticut verified 2026-08-28 | Conn. Gen. Stat. §§ 45a-242 to -244 govern post-appointment removal, resignation, replacement, appeal transition, and turnover in the supervising Probate Court. 'Fiduciary' includes executors and administrators but excludes trustees for this section (§ 45a-242(f)) |
Probate Court may act on own motion or petition of any interested person or the surety on the fiduciary's probate bond, after notice and hearing (§ 45a-242(a)) |
No listed ground requires removal: § 45a-242(a) says the court 'may' remove. No automatic post-appointment disqualification or mandatory revocation is stated in §§ 45a-242 to -244 |
Incapacity; neglect; waste; failure to furnish ordered additional/substitute bond; substantially impairing cofiduciary noncooperation; unfitness, unwillingness, or persistent ineffective administration plus beneficiary-best-interest finding; or substantial change/all-beneficiary request plus best-interest, material-purpose, and suitable-successor findings (§ 45a-242(a)) |
Written resignation; Probate Court gives notice and hearing and may accept or reject it. No beneficiary consent or fixed prehearing notice period stated. Acceptance does not relieve final-account duty; final account due within 60 days (§ 45a-242(b)) |
Own motion or petition, notice, and hearing. Sections 45a-242 to -244 state no citation/show-cause wording, response deadline, fixed notice interval, predecision suspension, injunction, or special-administrator route. Court may appoint successor after removal (§ 45a-242(a), (d)) |
Accepted resignation preserves duty to fully and finally account; final account due within 60 days. Successor gives probate bond unless excused by will or law. Probate Court may equitably enforce delivery of the former fiduciary's estate to successor; no removal-specific compensation, reserve, or general liability-discharge rule stated (§§ 45a-242(b), (d), 45a-244) |
After death, removal, or accepted resignation before duties finish, Probate Court may appoint a suitable successor, bonded unless excused. Suits for or against original fiduciary survive to successor. During removed fiduciary's appeal, successor appointment is temporary and successor acts until withdrawal or final judgment (§§ 45a-242(d)-(e), 45a-243(a)) |
Removed fiduciary may appeal. Appeal does not stay successor appointment; it is temporary. If removal is sustained, appointment becomes permanent; if vacated, appointment may end after successor's final account, while interim acts remain fully effective. Court may enforce turnover after successor appointment (§§ 45a-243 to -244) |
| Delaware verified 2026-10-02 | 12 Del. C. §§ 1501 to 1509, 1521 to 1528, and 1541 to 1547; already-appointed executor or administrator. Register of Wills grants replacement letters and may appoint limited administration during litigation/absence; Court of Chancery removes, discharges, sets conditions, and compels turnover |
Section 1541 lets Chancery remove for neglected duties without naming a required petitioner; Division of Revenue may petition under the subsection's repealed-tax-duty branch. Departing fiduciary petitions for discharge; cofiduciary or successor petitions to compel turnover. A qualifying interested person/creditor may demand bond, and successor, another representative, or interested person may initiate a bond proceeding (§§ 1524-1525, 1546-1547) |
Later probate plus grant of new testamentary or will-annexed letters removes the prior fiduciary by operation of § 1542. Neglected duties and 10-day failure to furnish court-ordered bond are discretionary cause (§§ 1524, 1541). Current § 1508 bars minors and mentally incapacitated persons; an oath-disqualifying conviction bars letters unless the Register grants a good-cause exception (2026 Del. Laws ch. 529) |
Court of Chancery may remove when executor/administrator neglects official duties; the tax-petition branch references repealed Chapter 15 of Title 30. Failure to furnish ordered bond within 10 days after notice is cause for removal and successor appointment. No broader statutory waste, conflict, best-interest, unwillingness, or other-good-cause menu appears in §§ 1541-1547 (§§ 1524, 1541) |
Executor/administrator petitions Chancery for discharge. Court may grant only if discharge benefits interested parties, on estate-security terms/conditions it finds necessary; it then revokes letters. Interested in-state parties receive citation and nonresidents receive court-directed publication, with hearing time/place stated. No fixed notice period or consent substitute appears (§ 1547) |
General neglect-removal section states no petition form, notice, hearing, response, suspension, or temporary-order process. Discharge has petition, cited/published notice, and hearing. Register may grant discretionary administration during litigation over will proof/right to administer or during absence of a personal representative; no separate emergency standard or fixed temporary term is stated (§§ 1507(c), 1541, 1547) |
Removed/discharged fiduciary must deliver all unadministered effects, books, and papers; Chancery may compel delivery by attachment, sequestration, or other process. Commissions cannot be twice allowed and may be apportioned. Discharge inherits removal turnover/remedy/commission rules and court-set security conditions. Bond defaults to unnecessary unless will/court requires; qualifying demand and 10-day noncompliance rules apply (§§ 1522-1525, 1543-1547) |
When sole/all fiduciaries leave, successor administration is granted as an original administration under current priority; a deceased fiduciary's own representative has no estate authority absent express appointment. Cofiduciary or successor receives unadministered effects. Register may grant administration during litigation/absence (§§ 1505, 1507, 1543, 1546) |
Section 1547 is captioned to include appeal but states no special stay, temporary-on-appeal successor, or reinstatement mechanism. Discharge takes effect through court-granted discharge and revocation of letters on stated terms. Later-will removal follows grant of new letters; prior due-course acts remain valid unless erroneous or unlawful (§§ 1542, 1545, 1547) |
| District of Columbia verified 2026-08-28 | D.C. Code §§ 20-101, 20-303, 20-501 to -534, 20-724, and 20-751 to -753; already-appointed personal representative in the Probate Division of the Superior Court of the District of Columbia. The Register receives filings/notices and performs assigned probate functions; special administrator is a distinct interim office |
Removal hearing may begin on Court's own motion, Register's motion, or written petition of any interested person. Interested-person status follows § 20-101(d)'s role- and stage-specific list, including appointed representative, unpaid legatee, qualifying heir, and creditor with timely unbarred claim above $500. Surety has no stated removal-petition role, but representative and surety may face judgment for failure to account/deliver; bond liability is joint/several unless ordered otherwise (§§ 20-101, 20-502, -523, -526) |
Court shall remove upon finding material appointment misrepresentation, willful disregard of court order, inability for any reason to discharge duties/powers effectively, or mismanagement of property. It also shall remove for failure without reasonable excuse to perform a material office duty unless Court finds continued service is in estate's best interests and will not adversely affect interested persons or creditors. Death or judicial disability determination terminates appointment (§§ 20-524, -526) |
Section 20-526 states no separate discretionary 'may remove' menu for neglect, conflict, delay, changed circumstances, beneficiary request, or general good cause. Its only merits discretion is the paragraph-(a)(5) exception permitting continuation after unexcused material-duty failure when both estate-best-interest and no-adverse-effect findings are made |
File written resignation statement with Register after at least 15 days' written notice to all interested persons. If no one applies and no successor/special administrator is appointed within 15 days, resigning representative may ask Court to appoint one. Upon successor appointment, representative immediately accounts and delivers estate property. Resignation is effective upon Court approval; no consent substitute or express approval standard is stated (§ 20-525) |
Court must hold hearing before removal; Court/Registrar initiative or interested person's written petition suffices. Register gives notice to all interested persons, and hearing occurs within reasonable time thereafter. On notice, representative may exercise only special-administrator powers: collection, management, preservation, and any Court-authorized powers. Separately, interested person may obtain temporary restraint of a supervised representative for good cause/unreasonable jeopardy, with hearing within 10 days unless agreed otherwise (§§ 20-521, -526, -533) |
Removed representative immediately accounts and delivers estate property; resigning representative does so upon successor appointment. Supervised representative also renders an account upon termination. Termination preserves prior liability and protection/account/delivery duties; noncompliance permits judgment against representative and surety, while prior lawful acts remain valid. Bond generally applies unless will/waiver or institutional/post-distribution exception controls; $1,000 interest/claim supports demand and possible hearing. Reasonable compensation remains subject to good-cause orders and review/refund (§§ 20-502, -523, -525 to -526, 20-724, 20-751, -753) |
At removal Court shall appoint successor or special administrator. Ordinary eleven-class § 20-303 priority governs successors/special administrators, subject to exclusions, nominations, and good-cause variance. Successor gets original representative's powers/duties including will powers except expressly personal ones. Remaining copersonal representatives take all former joint powers unless will says otherwise. Special administrator may bridge termination-to-successor gap and must satisfy bond rule (§§ 20-303, 20-511, -513, -526, -531 to -533) |
No special removal appeal, stay, temporary-on-appeal, or restoration rule appears in §§ 20-521 to -527. Resignation is effective on Court approval; removal requires prior hearing and contemporaneous successor/special-administrator appointment. A timely request for formal probate reduces a previously appointed representative to special-administrator powers until formal appointment, subject to formal-probate order, and expressly permits reappointment of the earlier representative (§ 20-527) |
| Florida verified 2026-08-28 | Florida Probate Code Chapter 733 Part V and Probate Rules 5.025, 5.430, and 5.440; already-appointed personal representative in the court administering the estate. Successor and surviving-representative powers appear in §§ 733.614-.616 |
Court may commence removal on own motion; any interested person may petition. Current text states no separate surety petition right. Resignation petition must be formally served on the surety, and resignation/removal does not exonerate surety liability before discharge (§§ 733.502, 733.506; Rules 5.430(c), 5.440(a)) |
Personal representative shall be removed and letters revoked if not qualified at appointment. The other 12 § 733.504 causes use may, including later loss of entitlement and revocation of probate of the appointing will (§ 733.504) |
Adjudicated incapacity; physical/mental inability; court-order failure unless superseded on appeal; sale-account or asset-production failure; waste/maladministration; bond/security failure; felony; corporate insolvency/receiver/liquidator; interfering conflict/adverse interest subject to spouse exception; revocation of appointing will's probate; loss of required Florida domicile; or later loss of appointment entitlement (§ 733.504) |
Verified petition states desired relief, administration status/no-jeopardy, pending proceedings, successor necessity and nominee priority/qualification. Formal notice to all interested persons and surety. Court decides successor need and may accept/revoke letters only if estate interests are not jeopardized; acceptance preserves liability (Rule 5.430; § 733.502) |
Petition in administering court states removal facts. Removal is a specific adversary proceeding unless court orders otherwise; petitioner serves formal notice and civil-style procedure follows. Court may appoint bonded curator, including without other interested-person notice when significant danger and delay exist. Current text states no fixed removal hearing deadline or separate suspension order (Rules 5.025, 5.440; §§ 733.501, 733.505-.506) |
Immediate records/property delivery. Resigning representative files accounting and discharge petition within 30 days after letters revoked; removed representative accounts within 30 days after removal. Discharge/bond/surety release wait for liability satisfaction, compensation, delivery evidence, and resolved objections; noncompliance risks contempt (§§ 733.5035-.5036, 733.508-.509; Rules 5.430, 5.440) |
On accepted resignation or removal, court shall appoint personal representative or curator; Rule 5.430 requires successor when no joint representative serves. Remaining joint representative generally exercises all powers unless will/court says otherwise. Successor has original powers/duties except will powers personal to predecessor need court approval; curator may perform authorized representative functions (§§ 733.501, 733.503, 733.5061, 733.614-.616) |
Failure to obey an order is not a removal ground while that order is superseded on appeal. Surveyed statutes/rules state no removal-specific appeal, automatic stay, temporary-successor-on-appeal, or reinstatement route. Removal revokes letters; accepted resignation revokes letters but discharge and liability release follow later (§§ 733.502-.5036, 733.504(3), 733.506, 733.508-.509; Rules 5.430, 5.440) |
| Georgia verified 2026-08-28 | O.C.G.A. §§ 53-6-1, -10, -13 to -14, -20, -60; 53-7-5, -18, -50, -55 to -56; 53-11-1, -3, -9 to -10; personal representative after qualification in the supervising probate court |
Any person having an estate interest may petition; probate court may initiate when good cause may exist. Surety has no express removal-petition role, but service/accounting and liability continue through settlement (§§ 53-7-18, -55) |
No ordinary mandatory removal ground stated; § 53-7-55 makes revocation discretionary. Individual eligibility requires sui juris status but allows any citizenship/residency; a vacancy after disqualification triggers successor rules (§§ 53-6-1, -13; 53-7-55) |
Good cause is the statutory removal standard and is not enumerated. Court may revoke letters, require additional security, compel settlement of accounts, or issue another appropriate order after investigation (§ 53-7-55) |
Will-specified route; or probate petition showing written request by all heirs/beneficiaries; or petition proving one of six grounds: inability, unforeseen hardship, harmful conflict, substantial estate benefit, safe cofiduciary continuation, or no estate disadvantage. Citation/notice to all heirs or beneficiaries (§ 53-7-56) |
Court cites representative to answer; Chapter 11 petition/citation service applies. Resident party generally receives personal service at least 30 days before hearing unless waived or shortened for good cause; written objections and hearing information appear in citation. Court may issue any appropriate order (§§ 53-7-55; 53-11-3, -9 to -10) |
Court may compel account settlement despite resignation/removal or successor appointment. Surety remains liable through settlement; allowed resignation permits later discharge petition. No commission merely for handing funds to successor; no separate turnover deadline stated (§§ 53-6-60(d); 53-7-18, -50, -55) |
Will controls named vacancy method; otherwise court must appoint administrator with will annexed after executor resigns/disqualifies, using unanimous beneficiary choice or statutory preferences. Intestate heirs may unanimously select; otherwise spouse/heirs/eligible person/creditor/county-administrator order. Remaining cofiduciaries may act if necessary (§§ 53-6-10, -13 to -14, -20; 53-7-5) |
Cited provisions state no special appeal, stay, temporary-on-appeal, or reinstatement rule. Removal occurs by revocation of letters; surviving representatives may act when necessary, and successor qualification follows the will or statutory appointment route (§§ 53-6-10, -13; 53-7-5, -55) |
| Hawaii verified 2026-08-28 | Haw. Rev. Stat. ch. 560, art. III uses 'personal representative' for the appointed estate fiduciary. Acceptance submits the representative personally to the probate court's jurisdiction for estate proceedings instituted by interested persons (§ 560:3-602); that court controls removal, restraint, special administration, and successor appointment |
Person interested in estate may petition for removal for cause at any time (§ 560:3-611); person appearing to have an interest may seek temporary restraint (§ 560:3-607), and interested person may seek special administration (§ 560:3-614; HPR 56). Domiciliary representative may seek ancillary replacement unless will says otherwise. No express own-motion removal or surety removal petition. Person with apparent estate interest over $10,000 or creditor with claim over $10,000 may demand bond, but bond is required only if court orders it (§ 560:3-605); successor, another representative, or interested person may proceed against surety for bond breach (§ 560:3-606) |
No § 560:3-611 ground mandates removal. Failure to provide court-ordered suitable bond within 30 days is cause for removal and successor appointment, not automatic removal (§ 560:3-605). Death or appointment of conservator terminates appointment automatically (§ 560:3-609); a later testacy change terminates only upon replacement appointment and permits prior representative to request appointment after the statutory appeal window (§ 560:3-612) |
Complete § 560:3-611(b) menu: removal would be in estate's best interests; representative or appointment seeker intentionally misrepresented material appointment facts; representative disregarded court order; became incapable; mismanaged estate; or failed any office duty. Ancillary replacement is separately authorized. No distinct residence-loss, beneficiary-request, cofiduciary-breakdown, changed-circumstances, or generic good-cause category beyond best interests. HPR 56(f) separately permits a limited special administrator for conflict or temporary inability without requiring removal |
Representative files written resignation statement with registrar after at least 15 days' written notice to persons known interested (§ 560:3-610(c)). If no successor application or petition arrives in notice time, statement is ineffective; in all events termination waits for successor appointment/qualification and asset delivery. No beneficiary consent, hearing, account-first condition, or separate court-acceptance order stated |
Petition triggers court-fixed hearing time/place; petitioner notices representative and court-ordered others (§ 560:3-611(a)). After notice, representative acts only to account, correct maladministration, or preserve estate unless court orders otherwise. Interested-person jeopardy petition supports temporary restraint; hearing within 10 days unless parties agree, with court-directed notice (§ 560:3-607). Formal special administrator normally follows notice/hearing, but emergency appointment may occur without notice (§ 560:3-614). HPR 56 requires petition to state grounds and includes conflict/temporary-incapacity appointments |
Termination preserves prior transaction/omission liability and duties to preserve, account, and deliver assets; court retains jurisdiction (§ 560:3-608). Removal order shall direct disposition of controlled assets, and resignation effectiveness depends on delivery. Court-ordered bond freezes powers except preservation; 30-day failure supplies removal cause (§ 560:3-605). Sureties are jointly/severally liable unless bond says otherwise, and breach may be pursued by successor, another representative, or interested person (§ 560:3-606). Compensation remains reasonable (§ 560:3-719); HPR 58 requires special-administrator accounting unless combined with the same person's later representative account |
Ordinary appointment provisions govern successor; after qualification successor may be substituted in former actions, prior notice/process/claims need not be repeated, and predecessor continued-administration powers/duties pass unless court orders otherwise (§ 560:3-613). Successor completes administration/distribution expeditiously except personal will powers (§ 560:3-716); remaining corepresentatives exercise all office powers unless will says otherwise (§ 560:3-718). Special administrator may be informal or formal, emergency, limited, and charged with collection, management, preservation, accounting, and delivery (§§ 560:3-614 to -618; HPR 56-58) |
Section 560:1-308 sends appellate review, interlocutory appeal, bonds, stays, record, scope, and appellate powers to Hawaii appellate and civil rules; surveyed departure statutes state no removal-specific stay, temporary-on-appeal appointment, or reinstatement. Notice narrows authority; removal directs asset disposition; termination preserves protection/delivery power and prior liability; resignation waits for successor qualification/delivery (§§ 560:3-608, -610, and -611). Statute ends special administration on general appointment; HPR 57 calls for a termination order |
| Idaho verified 2026-08-28 | Idaho Code tit. 15, ch. 3 uses 'personal representative' for the appointed estate fiduciary; acceptance submits representative personally to probate court jurisdiction for estate proceedings instituted by interested persons (§ 15-3-602), and that court controls removal, restraint, special administration, and successor appointment |
Person interested in estate may petition for removal for cause at any time (§ 15-3-611); person appearing to have an interest may seek temporary restraint (§ 15-3-607), and interested person may seek special administration (§ 15-3-614). Domiciliary representative may seek ancillary replacement unless will says otherwise. No express own-motion removal or surety removal petition; successor, another representative, or interested person may proceed against surety for bond breach (§ 15-3-606) |
No § 15-3-611 ground mandates removal. Failure to provide demanded suitable bond within 30 days is cause for removal and successor appointment, not automatic removal (§ 15-3-605). Death or appointment of conservator terminates appointment automatically (§ 15-3-609); later testacy change does not terminate until replacement appointment and allows prior representative to request reappointment after statutory appeal window (§ 15-3-612) |
Complete § 15-3-611(b) menu: removal would be in estate's best interests; representative or appointment seeker intentionally misrepresented material appointment facts; representative disregarded court order; became incapable; mismanaged estate; or failed any office duty. Ancillary replacement is separately authorized. No distinct residence-loss, beneficiary-request, cofiduciary-breakdown, changed-circumstances, or generic good-cause category beyond best interests |
Representative files written resignation statement with registrar after at least 15 days' written notice to persons known interested (§ 15-3-610(c)). If no successor application/petition arrives in notice time, statement is ineffective; in all events termination waits for successor appointment/qualification and asset delivery. No beneficiary consent, hearing, account-first condition, or separate acceptance order stated |
Petition triggers court-fixed hearing time/place; petitioner notices representative and court-ordered others (§ 15-3-611(a)). After notice, representative acts only to account, correct maladministration, or preserve estate unless court orders otherwise. Interested-person jeopardy petition supports temporary restraint; hearing within 10 days unless parties agree, with court-directed notice (§ 15-3-607). Court may also compel examination/accounting of person suspected of concealing estate property. Formal special administrator follows notice/hearing, or emergency no-notice appointment (§ 15-3-614) |
Termination preserves prior transaction/omission liability and duties to preserve, account, and deliver assets; court retains jurisdiction (§ 15-3-608). Removal order shall direct disposition of controlled assets, and resignation effectiveness depends on delivery. Bond demand freezes powers except preservation; 30-day failure supplies removal cause (§ 15-3-605). Sureties are jointly/severally liable unless bond says otherwise, and breach may be pursued by successor, another representative, or interested person (§ 15-3-606). Compensation remains reasonable (§ 15-3-719); no departure-specific forfeiture |
Ordinary appointment provisions govern successor; after qualification successor may be substituted in former actions, prior notice/process/claims need not be repeated, and predecessor continued-administration powers/duties pass unless court orders otherwise (§ 15-3-613). Successor completes administration/distribution expeditiously except personal will powers (§ 15-3-716); remaining corepresentatives exercise all office powers unless will says otherwise (§ 15-3-718). Special administrator may be informal or formal, emergency, limited, and charged with collection, management, preservation, accounting, and delivery (§§ 15-3-614 to -617) |
Surveyed Chapter 3 provisions state no removal-specific appeal, stay, temporary-on-appeal appointment, or reinstatement. Notice narrows authority; removal directs asset disposition; termination preserves protection/delivery power and prior liability; resignation waits for successor qualification/delivery (§§ 15-3-608, -610, and -611). Testacy-change provision permits prior representative to request appointment under new status after 30 days following appeal period if no replacement request (§ 15-3-612) |
| Illinois verified 2026-08-28 | 755 ILCS 5/9-3 to 9-5, 10-1, 23-1 to 23-3, 24-1, 24-14, 24-18; Probate Act representative after letters in the issuing Illinois probate court; executor, administrator, and administrator with will annexed use the representative office |
Any interested person may petition; court may proceed on own motion. No surety petition right stated, but endangering the surety is a removal ground, and surety may account if revoked representative fails and remains liable for mismanagement (§§ 23-2, 24-14, 24-18) |
No current ground mandates removal: §§ 23-2 and 23-3 use may. Court must issue a show-cause citation before removal and must use the substitute-notice route when its conditions apply; those are mandatory procedures, not mandatory outcomes (§§ 23-2 to 23-3) |
False-pretense letters; involuntary-admission or disability adjudication; felony conviction; waste/mismanagement; conduct endangering corepresentative or surety; ordered bond/security or inventory/account failure; concealment defeating process/notice; incapacity or unsuitability; other good cause; or becoming non-U.S. resident (§ 23-2) |
Representative petitions; court may permit resignation and may hear petition without notice or after court-directed notice. No consent or fixed notice period. If permission is granted, court must revoke letters (§ 23-1) |
Citation states cause, is served like civil summons at least 10 days before return, and permits pleading/hearing. If ordinary service fails or own-motion citation is unserved, clerk mails statutory notice at least 15 days before return to listed addresses and counsel. No separate suspension route stated (§ 23-3) |
After revocation, verified account is due within court-directed time; surety may present account if representative does not. Representative and surety remain liable to successor, corepresentative, or aggrieved person for withheld, wasted, embezzled, or misapplied property. No special removal compensation, reserve, or bond-release rule (§§ 24-1, 24-14, 24-18) |
Administration/D.B.N. preference runs spouse or nominee, legatees/nominees, descendants, parents, siblings, kindred, estate representative, public administrator, then creditor; removed representative cannot name successor. D.B.N. petition states vacancy reason; prior/equal claimants get 30-day prehearing notice. Administrator-to-collect available during delay and estate risk (§§ 9-3 to 9-5, 10-1) |
Resignation permission requires revocation; after removal finding court may remove and revoke. Current surveyed provisions state no special appeal, stay, temporary-on-appeal, or reinstatement rule. Authority passes through the new letters; revoked representative's account and liability continue (§§ 23-1, 23-3, 24-1, 24-18) |
| Indiana verified 2026-08-28 | Ind. Code §§ 29-1-10-1, -6 to -9, -19; 29-1-16-1, -3, -6, -8 to -10; already-appointed personal representative in court administering estate; separate general and corporate-change removal tracks |
General: court own motion or any interested person's petition; emergency needs none. Corporate-change: interested person. Surety has no removal petition stated but may/must file account for deceased, incompetent, or absent nonaccounting representative (§§ 29-1-10-6 to -6.5; 29-1-16-9) |
No general ground commands removal; even later disqualification uses may. Interested-person petition does require show-cause order, not removal. Successor appointment is mandatory only when departing representative was sole/last and administration incomplete (§§ 29-1-10-6 to -7) |
May remove for nonphysical-only incapacity, disqualification, unsuitability, inability to discharge duties, mismanagement, failure of legal/court-ordered duty, or loss of Indiana domicile. Corporate fiduciary may be removed after qualifying change of control and hearing if best interests of all interested persons (§§ 29-1-10-1, -6 to -6.5) |
Chapter 10 recognizes resignation only when court accepts it. Representative must file verified administration account upon application and before acceptance. Cited statutes state no signed resignation form, fixed resignation-notice period, beneficiary consent, or acceptance finding (§§ 29-1-10-7, 29-1-16-3(c)) |
Ordinary show-cause order states alleged grounds and hearing time/place and may be served like article notice; emergency permits instant removal without motion, petition, notice, or citation. Corporate-change route requires hearing and 30-day or reasonable-time petition deadline. No separate suspension/temporary-fiduciary remedy stated in cited removal sections (§§ 29-1-10-6 to -6.5) |
Verified account required on letters revocation and before resignation acceptance; representative liable for listed losses/neglect. Account approval relieves representative/sureties for accounting period subject to appeal/final-order vacation; court may surcharge. Surety may account for deceased/incompetent/absent representative; attachment/imprisonment enforce accounting. No removal-specific turnover deadline stated (§§ 29-1-16-1, -3, -8 to -10) |
Court may appoint successor after death/removal/accepted resignation and shall if sole/last representative left administration incomplete. Successor inherits predecessor/executor rights/powers except will-personal powers. Surviving joint representative exercises powers unless will says otherwise (§§ 29-1-10-7 to -9) |
Cited removal provisions state no special appeal, stay, or reinstatement. General/corporate removal does not invalidate prior official acts; § 29-1-10-19 protects lawful prior acts and good-faith transactions. Account-based liability relief is subject to appeal and final-order vacation. Resignation transition follows court acceptance (§§ 29-1-10-6(c), -6.5(f), -7, -19; 29-1-16-8) |
| Iowa verified 2026-08-28 | Iowa Code ch. 633 uses 'fiduciary' for the appointed estate representative; §§ 633.63-.70 govern qualification, removal, accepted resignation, successor, substitution, and turnover in probate court |
Court may order show cause on own motion; upon verified petition by any interested person, including probate-bond surety, court shall order it. Petition specifies complaint grounds (§ 633.65). Surety may intervene on liability and is jointly/severally liable within bond rules (§§ 633.181, .186) |
No listed ground requires removal: § 633.65 says court 'may remove.' Grounds include present/later disqualification under §§ 633.63-.64 (incompetence, court-unsuitability, or nonresident qualification failure), mismanagement, legal-duty or court-order failure, and ceasing Iowa residence |
Complete § 633.65 menu: statutory disqualification, estate mismanagement, failure to perform duty imposed by law or lawful court order, or ceasing state residence. Delinquent inventory after statutory clerk notice also subjects fiduciary to § 633.65 removal (§ 633.32). No separate waste, conflict, beneficiary-request, changed-circumstances, or generic good-cause category |
Section 633.66 recognizes resignation only when accepted by court, but states no writing, filing recipient, service list, advance notice, beneficiary consent, account-first condition, hearing, or acceptance findings |
Verified petition specifies grounds; court orders fiduciary to appear and show cause. Section 633.65 states no fixed notice/hearing period, response deadline, predecision suspension, injunction, or temporary fiduciary. General court may order interlocutory accounting at any time on own motion or interested-party application (§ 633.469) |
Removal order requires delivery of all controlled estate property to entitled recipient; refusal may bring county-jail commitment (§ 633.70). Prior official acts stay valid (§ 633.65). Court may order accounting; good-cause surety replacement preserves original surety liability through new-bond approval and cuts off later acts (§§ 633.184, .469). No removal-specific compensation rule |
Court may replace failed-to-qualify, deceased, removed, or court-accepted-resigned fiduciary and shall replace sole/last one if administration incomplete. Remaining cofiduciary has all joint powers; successor inherits predecessor's rights, powers, titles, and duties except instrument powers made personal. Substitution causes no delay; default clocks run from first letters (§§ 633.66-.69) |
Cited provisions state no special removal appeal, stay, temporary-on-appeal appointment, or reinstatement. Removal is by court order; prior official acts remain valid, turnover is compelled, and substitution does not restart statutory periods (§§ 633.65, .69-.70) |
| Kansas verified 2026-08-28 | K.S.A. ch. 59 uses 'fiduciary' in provisions applicable to all estates and separately names executor and administrator; the Kansas district court administering the probate proceeding approves resignation, removal, accounts, bond changes, and successor appointment |
Section 59-1711 states grounds but names no removal petitioner and no express own-motion trigger. A litigant's probate application must be a signed, verified petition stating the petitioner's interest, right to apply, operative facts, and requested relief (§§ 59-2201 and -2202). Surety may apply for account settlement, replacement bond, and prospective discharge; failure to replace the bond requires removal (§ 59-1107). Interested persons and court have own-motion bond-increase routes (§§ 59-1104 and -1106) |
Refusal or failure to file the new court-approved bond required after a surety application mandates removal (§ 59-1107). If a will is admitted after administrator appointment, that administrator's powers shall cease and final accounting follows (§ 59-707). The core § 59-1711 incapacity, inability, and duty/order defaults are discretionary 'may be removed' grounds, not mandatory |
Complete § 59-1711 menu: fiduciary is or becomes incapacitated; is otherwise incapable of performing trust duties; or fails/refuses a duty imposed by law or lawful court order. The second cluster also permits discretionary compensation reduction or forfeiture. No separate waste, conflict, beneficiary-request, changed-circumstances, residence-loss, ineffective-administration, or generic good-cause removal ground appears in the section |
Fiduciary may resign at any time, but resignation is not effective until court examines/allows the final account and orders acceptance (§ 59-1709). A prehearing application must be a signed, verified petition (§ 59-2201). Statutes state no resignation-specific advance period, beneficiary consent, successor-first condition, or special service list; if notice is required or court deems it necessary and no method is directed, court sets reasonable notice to interested persons with petition/account copies unless excused (§ 59-2208) |
General probate proceeding starts by petition filed and set for hearing; court fixes time/place, and the court conducts the hearing under civil evidence rules (§§ 59-2204 and -2212). Section 59-1711 supplies no fixed removal notice, show-cause period, response deadline, or suspension. Section 59-2208 supplies court-set reasonable notice when required/deemed necessary and otherwise unspecified. For good cause, court may appoint a bonded, court-directed special administrator after regular appointment without removing the executor/administrator (§ 59-710) |
Resignation requires examined/allowed final account; acceptance and replacement do not affect former fiduciary/surety liability already incurred (§§ 59-1709 and -1710). Executor/administrator generally has 9 months to settle, subject to extensions; verified account is due then and whenever ordered (§§ 59-1501 and -1502). Removal for duty/order failure may reduce or forfeit compensation; otherwise just/reasonable compensation and expenses apply (§§ 59-1711 and -1717). Surety discharge follows approved account and new bond. No general removal-specific asset/record turnover deadline appears; death/disability surety remains until successor qualifies and receipts for unadministered property (§ 59-1712) |
If sole/surviving executor or administrator authority ends before full administration, court shall appoint a new administrator for the unadministered estate, with predecessor's powers/duties (§ 59-708). Intestate priority is spouse/next of kin or their selections, then creditors if the first group is incompetent, unsuitable, or declines, then any person when best for estate/interested persons (§ 59-705). Special administrator may serve for set time/property/acts with court-defined duties, reports, accounting, and possible bond (§ 59-710). Personal-representative probate proceedings do not abate when authority ends (§ 59-2206) |
Order removing or refusing to remove a fiduciary other than special administrator is appealable (§ 59-2401). Magistrate-to-district appeal is due within 30 days; district-to-appellate appeal follows ch. 60. Pending appeal, the order stays in force unless appellate court modifies it by temporary order, and a supersedeas bond does not stay proceedings. Resignation becomes effective on account allowance/acceptance; prior liability and pretermination acts survive (§§ 59-1709, -1710, and -1713). No express reinstatement rule |
| Kentucky verified 2026-08-28 | KRS Chapter 395 governs an appointed personal representative—executor, administrator, or will-annexed administrator—in District Court. Sections 395.160, .255, .300, and .325 cover removal, delinquency, predecessor liability, and resignation-stage settlement |
General § 395.160 states District Court action but names no removal petitioner. Clerk's monthly delinquency report triggers judge notice/show cause. Any interested party may move to change/substitute an ordered surety bond, not expressly to remove. No surety removal standing; successor may sue former representative and bond sureties (§§ 395.130, .160, .255, .300) |
District Court shall remove for leaving Kentucky without required process agent, insanity/other incapacity, bankruptcy, insolvency, or failing circumstances; appointed executor shall be removed for not giving court-required surety bond. Missing § 395.255 show-cause hearing causes automatic removal. Later-proved will makes intestate administration cease (§§ 395.040, .130, .160, .255) |
District Court may remove for failing additional security required under § 62.060. Failure to file inventory/settlement by extended date leads show cause addressing removal, contempt, fine, compensation denial, or other authorized fiduciary-breach penalty. No broader express waste, conflict, maladministration, unfitness, or good-cause removal menu in cited provisions (§§ 395.160(2), .255) |
Section 395.325 recognizes that a fiduciary may resign but states no writing, petition, signature, service, notice, consent, court-acceptance finding, or effective date. Upon successor appointment, resigning fiduciary must settle accounts; § 395.300 likewise recognizes appointment of successor in resigned fiduciary's place |
For § 395.160(1), representative residing in appointment/adjoining county and not insane gets 10 days' notice before removal order; if insane, notice goes to committee, or court may appoint one. Delinquency requires judge warning, fixed filing date, then show-cause order; nonappearance automatically removes. No general suspension/restriction stated. Curator may collect/preserve estate when valid cause delays permanent letters (§§ 395.160, .255, .410) |
Removed fiduciary must settle accounts and deliver estate to replacement; resigning fiduciary settles when successor appointed. Periodic settlement begins two years after appointment and annually; final settlement accounts for distribution, debts, fees, taxes. Successor may sue predecessor, estate representatives, and any sureties for maladministration/omission damages or debts. Delinquency may deny compensation; ordinary cap is 5% plus allowed extras. Confirmed qualifying final settlement discharges fiduciary/surety (§§ 395.150, .160, .300, .325, .610, .620) |
Remaining representative continues; if none, court shall appoint administrator de bonis non or will-annexed administrator. General spouse/distributee priority and will-antagonism bar apply. Successor qualifies through order, any required bond, oath/declaration, and letters; may substitute in actions and sue predecessor. Curator is bonded preservation fiduciary during delayed letters (§§ 395.040, .050, .060, .105, .280, .300, .410) |
Cited removal provisions state no special appeal, stay, temporary-on-appeal status, or reinstatement. Lawful prior acts remain valid after removal/revocation. Removal uses court order; resignation has no stated effective event; replacement appointment becomes effective on signed order, required bond, and oath/declaration, with letters before acting (§§ 395.105, .160, .330) |
| Louisiana verified 2026-08-28 | La. Code Civ. Proc. Book VI succession proceeding in district court; 'succession representative' includes administrator, provisional administrator, vacant-succession administrator, executor, and dative testamentary executor. Post-appointment removal, accounting, discharge, and independent-administration rules govern (arts. 2811, 2826, 3182, 3331-3338, 3391-3392, 3396.20) |
Court may initiate show cause; on motion of any interested party it must order the representative to show cause. Any interested person may move to remove an independent administrator or end independent administration for good cause. No surety is separately named as removal petitioner or notice recipient; bond cancellation occurs at discharge (arts. 3182, 3391, 3396.20) |
No post-appointment ground requires removal: art. 3182 says court may remove even when representative is or becomes disqualified. Failure to qualify within 10 days permits, but does not require, revocation/another appointment and is a pre-office boundary. Removal judgment does require court to order final account (arts. 3181-3182, 3332(B)) |
May remove for original/later disqualification; incapability; estate mismanagement; failure of any legal or court-ordered duty; ceasing Louisiana domicile without Article 3097(4) resident agent; or failure to give appointment-application notice required by Article 3093. Independent administrator uses same grounds; good cause may instead terminate only independent status (arts. 3097, 3182, 3396.20) |
Surveyed Book VI provisions state no post-appointment succession-representative resignation form, notice, consent, or acceptance test. Pre-appointment declining the trust is distinct. A serving representative may petition for discharge only after final-account homologation or waiver plus satisfactory payment/distribution proof (arts. 3083, 3391-3392) |
General removal: own-motion court may, interested-party motion shall, order show cause; art. 3182 states no fixed service or hearing interval. Independent removal or termination requires interested-person motion and contradictory hearing. No express suspension/restriction pending hearing. Court may appoint qualified provisional administrator forthwith on own motion or interested-party application when needed pending permanent appointment to preserve, safeguard, and operate property (arts. 3111-3113, 3182, 3396.20) |
Annual account and any court-ordered account required; removal judgment requires final account showing receipts, dispositions, and remainder. Serve every heir/residuary legatee with account and 10-day homologation/opposition notice; final-account service has specified formal methods. Compensation is due on final-account homologation absent advance. Discharge/bond cancellation require homologated or waived final account plus creditor-payment and property-distribution proof. No removal-specific turnover deadline or liability release before discharge stated (arts. 3331-3336, 3351, 3391-3392) |
Surviving joint representative inherits all joint powers unless testament says otherwise. Complete vacancy uses dative-executor/administrator appointment: court may act on own motion or interested-party motion for dative executor; administrator priority selects best qualified in listed tiers. Successor gives required security, oath, then receives letters. Provisional administrator may serve forthwith until permanent fiduciary qualifies or possession judgment (arts. 3083, 3096-3098, 3111-3113, 3151, 3153, 3158-3159, 3193) |
Cited succession provisions state no special removal appeal, automatic stay, temporary-on-appeal status, or reinstatement. Removal preserves validity of prior official acts. Independent-status withdrawal shifts future administration to ordinary Book VI procedures. Discharge judgment ends further duty, responsibility, and authority and cancels bond; provisional office ends on permanent qualification or possession (arts. 3112, 3182, 3391-3392, 3396.20) |
| Maine verified 2026-08-28 | 18-C M.R.S. §§ 1-201, 3-203, 3-603 to 3-618, 3-716, 3-718, and 3-719; already-appointed personal representative in a Maine court of probate; personal representative includes executor, administrator, successor, and special administrator |
A person interested in the estate may petition for removal; a person who appears interested may seek temporary restraint. No own-motion removal or surety removal-petition route is stated. A qualifying interested person or creditor may demand bond; surety is a noticed party in bond proceedings and may face an action by a successor, another representative, or interested person (§§ 3-605 to 3-607, 3-611) |
No § 3-611 cause commands removal. Death or conservatorship of the representative terminates appointment automatically; a changed-testacy appointment ends only when the newly entitled representative is appointed. Failure to furnish demanded bond within 30 days is cause for removal and successor appointment, not an automatic termination (§§ 3-605, 3-609, 3-612) |
Cause exists when removal serves the estate's best interests; the representative or appointment seeker intentionally misrepresented material appointment facts; or the representative disregarded a court order, became incapable, mismanaged the estate, or failed any office duty. A domiciliary representative may also displace the Maine ancillary representative unless the will directs otherwise (§ 3-611) |
File a written resignation statement with the register after at least 15 days' written notice to known interested persons. The filing is ineffective if no successor application or petition is made within the notice time and, in every case, takes effect only after successor appointment, qualification, and asset delivery; no consent substitute or separate acceptance finding is stated (§ 3-610(3)) |
Petition may be filed anytime; court fixes hearing, and petitioner gives notice to the representative and court-designated others. After notice, representative may act only to account, correct maladministration, or preserve the estate unless otherwise ordered. Court may temporarily restrain specified acts after a separate jeopardy showing and prompt hearing, and may appoint a special administrator when a general representative cannot or should not act, including without notice in an emergency (§§ 3-607, 3-611, 3-614, 3-615, 3-617) |
Termination preserves liability for prior acts or omissions and duties to preserve, account for, and deliver controlled assets; no departure-specific account deadline is stated. Sureties are ordinarily jointly and severally liable under the approved bond. General reasonable compensation remains available, subject to the will and a written fee renunciation (§§ 3-606, 3-608, 3-719) |
Ordinary informal/formal appointment proceedings and § 3-203 priority govern successors. After qualification, successor may replace predecessor in proceedings; prior notices, process, and claims need not be repeated, and successor has predecessor's nonpersonal powers and duties. Remaining corepresentatives continue unless the will says otherwise; special administrator may protect or administer temporarily (§§ 3-203, 3-613 to 3-615, 3-617, 3-716, 3-718) |
Sections 3-608 to 3-613 state no special removal appeal, stay, temporary-on-appeal, or reinstatement rule. Termination ends representative authority except protective acts and delivery before distribution or restraint. In changed-testacy cases only, the former representative may seek reappointment if no new request is made within 30 days after the testacy appeal period expires (§§ 3-608, 3-612) |
| Maryland verified 2026-08-28 | Md. Code, Est. & Trusts §§ 2-102, 5-104, 6-102, 6-202, 6-303 to -307, 6-401, 6-403; Md. Rules 6-451 to -452; personal representative after appointment in the court supervising estate administration |
Removal begins on court or register motion or an interested person's written petition; special-administrator appointment may also follow a creditor/register/interested-party petition or court motion. No special removal-petition standing for the surety; court may put the representative's bond in suit (§§ 6-102(i)(2), 6-306(c), 6-401(a); Rule 6-452(a)) |
Court shall remove after finding appointment-stage material misrepresentation, willful court-order disregard, inability/incapability, property mismanagement, missing effective local-agent designation, or unexcused material-duty failure; court may retain only on the duty-failure ground after specified findings. Death or judicial disability separately terminates appointment (§§ 6-304, 6-306(a)-(b)) |
No general discretionary menu: the six § 6-306(a) findings use shall. Narrow discretion permits continuance only for unexcused material-duty failure when best for the estate and not adverse to interested persons or creditors (§ 6-306(b)) |
File written statement with register after ≥20 days' written notice to all interested persons; Rule 6-451 adds service certificate. No consent or acceptance finding stated. Sole/last representative's resignation effective on successor/special-administrator appointment; copersonal representative effective on notice and filing (§ 6-305; Rule 6-451) |
Court issues show-cause order stating grounds unless petition states them, sets hearing, and mails representative and each interested person; hearing required. After notice, representative has only special-administrator or court-directed powers; successor/special administrator appointed concurrently (§ 6-306(c)-(d); Rule 6-452) |
Departing representative must account and immediately deliver estate property; court orders account/delivery or Rule 6-417(c) compliance. Pretermination liability and jurisdiction continue; lawful prior acts remain valid. Bond may be put in suit after removal or failed account/turnover. No special compensation rule stated (§§ 6-102(i)(2), 6-303, 6-305(c), 6-306(e); Rules 6-451(c), 6-452(d)) |
Removal requires concurrent successor/special-administrator appointment; resignation waits for one unless a copersonal representative remains. § 5-104 priority applies. Successor inherits original powers/duties except powers personal to named executor; special administrator preserves property. Successor inventory/consent due within 3 months (§§ 5-104, 6-202, 6-305, 6-306, 6-401, 6-403; Rule 6-451(d)) |
Removal appeal does not stay successor/special-administrator appointment; successor has special-administrator powers during appeal. Termination ends office but preserves prior acts/liability. Administrative-probate representative may be reappointed and is reinstated if judicial-probate request is dismissed/withdrawn (§§ 6-303, 6-307; Cts. & Jud. Proc. § 12-701(a)(3)) |
| Massachusetts verified 2026-08-28 | Mass. Gen. Laws ch. 190B, §§ 1-401, 3-608 to -613, 3-716, 3-718; Supplemental Probate and Family Court Rule 90; already-appointed personal representative in Probate and Family Court |
Person interested in estate may petition for cause removal at any time. Domiciliary personal representative may obtain removal of Massachusetts ancillary representative unless will says otherwise. No court-initiative or surety removal petition stated (§ 3-611) |
No § 3-611 cause commands removal. Death or appointment of guardian/conservator for representative automatically terminates appointment. Changed testacy does not itself terminate; appointment of person entitled under later assumption does (§§ 3-609, 3-611 to -612) |
Cause: intentional material misrepresentation by representative or appointment seeker; disregarded court order; incapacity; estate mismanagement; failure of office duty; plus domiciliary representative's ancillary-removal route unless will directs otherwise (§ 3-611) |
File written resignation statement with court after at least 15 days' written notice to known interested persons. If no successor application/petition is timely made, filing is ineffective; resignation terminates only after successor appointment/qualification and asset delivery. Rule 90 lets justice accept resignation when proper; no beneficiary-consent requirement stated (§ 3-610; Rule 90) |
Court fixes return date/issues citation; petitioner gives § 1-401 notice to representative and others ordered: generally mail/personal delivery at least 14 days before return date or one publication at least 7 days before, subject to good-cause variation; proof due by hearing/return. Court may suspend authority in any manner pending removal; order directs asset disposition (§§ 1-401, 3-611) |
Termination preserves liability for prior acts/omissions and duties to preserve, account, and deliver controlled assets; court retains jurisdiction. Before distribution or restraint, former representative may protect estate and deliver to successor. Cited termination provisions state no fixed final-account deadline, compensation rule, or bond/surety release (§§ 3-608, 3-611) |
Ordinary appointment parts govern successor. After qualification, successor may substitute into proceedings; prior notice/process/claims need not repeat; successor generally inherits predecessor powers/duties and must complete administration/distribution expeditiously, except executor-personal will powers. Remaining co-representatives exercise all powers unless will says otherwise (§§ 3-613, 3-716, 3-718) |
Cited removal provisions state no special appeal, stay, or reinstatement. Termination ends office powers/representation subject to narrow protection/turnover acts and preserves liability/account/delivery. Changed-testacy section uses 30 days after appeal time expires for a request to appoint former representative under new status; resignation waits for successor qualification and delivery (§§ 3-608, 3-610, 3-612) |
| Michigan verified 2026-08-28 | Michigan EPIC, MCL §§ 700.1106, 700.1302, 700.3607-.3618; already-appointed personal representative in probate-court estate administration. 'Personal representative' includes executor, administrator, successor, and special representative |
Interested person may petition for removal at any time; domiciliary personal representative may seek removal of an in-state ancillary representative unless the will says otherwise. No general own-motion removal in § 700.3611, but court may restrain powers or appoint a special representative on its own motion. Bond surety may be joined and held to the bond; no surety-specific removal petition (§§ 700.3606-.3607, .3611, .3614) |
No mandatory general-removal ground in § 700.3611; every listed ground uses 'may.' Death or appointment of a conservator automatically terminates an individual's appointment, and changed testacy status terminates only when the replacement is appointed (§§ 700.3609, .3612) |
May remove when removal serves the estate's best interests; appointment followed intentional material-fact misrepresentation; or representative disregards an order, becomes incapable, mismanages, or fails an office duty. Failure to satisfy a demanded bond within 28 days is cause for removal (§§ 700.3605, .3611) |
At least 14 days' written notice to known interested persons, then written resignation filed with probate register. If nobody seeks a successor within the notice period, filing alone is ineffective until successor appointment/qualification and estate delivery. No consent or separate acceptance finding stated (§ 700.3610(3)) |
Court fixes hearing; petitioner notifies representative and court-designated others. Unless court orders otherwise, noticed representative may act only to account, correct maladministration, or preserve estate. Court may temporarily restrain powers, with hearing within 14 days, and may appoint an emergency special representative without notice (§§ 700.3607, .3611, .3614) |
Termination preserves pretermination liability, court jurisdiction, and duties to preserve, account for, and deliver controlled property; removal order directs remaining-property disposition. Bond remains enforceable under its terms, including by successor/interested-person proceeding. Court may order an account and reduce/deny otherwise available compensation for breach; no automatic fee forfeiture or fixed termination-account deadline stated (§§ 700.1308, .3606, .3608, .3611, .3703) |
Successor uses Parts 3-4 appointment and ordinary § 700.3203 priority, qualifies and substitutes into pending matters, keeps preserved notices/claims, and ordinarily inherits predecessor powers/duties. Informal successor application identifies resignation/death/removal, nominee, address, and priority. Court may appoint a special representative when preservation/proper administration requires it (§§ 700.3203, .3301, .3613-.3617) |
EPIC supplies no special removal appeal, stay, or reinstatement rule; § 700.1305 sends those issues to the Revised Judicature Act and Supreme Court rules. Termination ends office powers and litigation authority except estate protection and delivery; changed-testacy predecessor may request later appointment only through § 700.3612's stated 28-day route (§§ 700.1305, .3608, .3612) |
| Minnesota verified 2026-08-28 | Minn. Stat. §§ 524.1-201(9), 524.3-203, 524.3-606 to -614; personal representative after appointment in district court probate proceedings |
Any interested person may petition for removal; any person appearing interested may petition for temporary restraint. No express court-own-motion removal route. Domiciliary representative may displace ancillary representative. Surety has no removal standing, but successor/other representative/interested person may proceed against surety; court may order surety's final account when sole/last representative leaves (§§ 524.3-606(c), -607, -611) |
No general mandatory-removal menu. Death or appointment of conservator/guardian for representative's estate automatically terminates appointment. Changed testacy terminates only when entitled successor is appointed (§§ 524.3-609, -612) |
Cause: removal in estate's best interests; intentional material misrepresentation by representative or appointment proponent; court-order disregard; incapability; mismanagement; failure of any office duty. Compensation, fees, and administration expenses enter best-interests analysis; domiciliary ancillary-displacement route unless will directs otherwise (§ 524.3-611) |
File written resignation with registrar after ≥15 days' written notice to known interested persons. Filing is ineffective if nobody timely seeks successor and in every case becomes effective only after successor appointment/qualification and asset delivery. No consent or separate acceptance finding stated (§ 524.3-610(c)) |
Court fixes removal hearing; petitioner notifies representative and others court orders. After notice, representative may only account, correct maladministration, or preserve. Interested person may obtain temporary restraint; hearing within 10 days unless parties agree, with court-directed notice to representative, attorney, and named defendants. Special administrator may be appointed after notice/hearing or without notice in emergency (§§ 524.3-607, -611, -614) |
Termination preserves pretermination liability, court jurisdiction, and duties to preserve, account, and deliver; removal order directs remaining-asset disposition. When sole/last representative is removed, disabled, or dies, court may order surety's verified final account after notice/hearing and enter judgment for covered misconduct. Compensation/fees/expenses considered in best-interests removal (§§ 524.3-606(c), -608 to -609, -611) |
General § 524.3-203 priority governs successor. Court/registrar appoints on petition/application with any required notice. Qualified successor substitutes in proceedings, inherits powers/duties unless court orders otherwise, and prior notice/process/claims need not be repeated. Special administrator protects/properly administers when general representative cannot or should not act (§§ 524.3-203(h), -613 to -614) |
Cited removal provisions state no special appeal stay or reinstatement. Termination ends office authority but preserves protection/account/delivery duties and jurisdiction. Changed-testacy successor appointment triggers termination; after 30 days following appeal-time expiration with no new request, prior representative may request appointment under new status (§§ 524.3-608, -612) |
| Mississippi verified 2026-08-28 | Miss. Code tit. 91, ch. 7 governs the already-appointed 'executor' or 'administrator'; the chancery court administering the estate decides questions concerning execution of the office, estate demands, and principal/surety bond liability (§ 9-5-83) |
Any interested person may initiate the general five-day-notice removal route (§ 91-7-85), and an interested party may invoke the derelict-fiduciary citation while the court may proceed on its own motion (§ 91-7-285). Interested persons have inventory and later-account petition routes. A surety apprehending loss may petition for a replacement bond and prospective discharge (§ 91-7-317) |
Mandatory consequences are limited by route: refusal by one of multiple fiduciaries to join an inventory makes that person's power cease, subject to a reasonable excuse within 60 days (§ 91-7-99); executed inventory summons plus nonappearance/no good cause requires revocation (§ 91-7-105); insufficient-bond default after five days' notice requires revocation (§ 91-7-315); and refusal/failure to replace bond after a surety petition requires removal (§ 91-7-317). Later probate of a will and grant of testamentary letters revokes prior administration (§ 91-7-87). Appointment bars in § 91-7-65 do not themselves create mandatory post-appointment removal |
General removal is discretionary if the fiduciary becomes disqualified or engages in improper conduct (§ 91-7-85). Court may also revoke a nonresident's letters for annual-account or other administration neglect (§ 91-7-89), remove for annual-account default (§§ 91-7-277 and -283), remove or otherwise order relief for dereliction or another statutory cause (§§ 91-7-285 and -289), and revoke after failure to obey an additional-inventory order (§ 91-7-107) |
Section 91-7-85 permits the executor or administrator to 'surrender the trust,' then requires proper notice to distributees or legatees and settlement with the court. It states no signed-writing or petition form, fixed notice period, beneficiary consent requirement, or separate acceptance finding; successor administration follows as on death |
General removal requires five days' notice to the fiduciary (§ 91-7-85). The broader dereliction route uses a clerk-issued sheriff citation, returnable forthwith or when ordered, to show cause; if personal service fails after diligent search, an alias citation sets a date at least 30 days after the order, is posted in three public places at least 21 days before return, and is mailed if an address is known (§§ 91-7-285 to -289). The statutes provide a hearing and authorize removal, contempt, both, another just order, or continuance. No removal-specific suspension is stated; temporary administration under §§ 91-7-53 to -59 is expressly available before regular letters and, when protective necessity appears, during an appeal from a grant of letters or a will contest |
Outgoing fiduciary remains answerable to the court and liable on bond until final settlement and satisfaction (§ 91-7-85). Annual sworn accounts are generally due at least yearly unless waived or extended; a final sworn account follows administration, with interested-party summons/publication at least 30 days before the approval hearing (§§ 91-7-277 and 91-7-291 to -297). Compensation and necessary expenses remain court-set (§ 91-7-299). Bond actions and surety liability survive as stated in §§ 91-7-71 and 91-7-311 to -317; no separate outgoing-fiduciary turnover deadline appears in the surveyed provisions |
After death, resignation, removal, or incompetence, the court shall grant administration de bonis non, with the will annexed when applicable, to the person entitled; ordinary letters, bond, and oath are adapted to the successor office (§ 91-7-69). Intestate priority generally favors the applying spouse, then other relatives next entitled to distribution, with court selection among equals and creditor/other-suitable-person eligibility after 30 days (§ 91-7-63). Successor receives former choses in action and limited predecessor-bond remedies (§ 91-7-71). A temporary administrator takes oath/bond, inventory and creditor-notice duties, and court-defined powers; later regular letters end that authority and trigger immediate account, delivery, and suit-list duties (§§ 91-7-53 to -59) |
The surveyed resignation/removal statutes state no special appeal, automatic stay, or general reinstatement rule. Section 91-7-87 preserves lawful acts performed without actual notice of later-will revocation; § 91-7-317 transfers prior acts and proceedings to the successor after bond-based removal. Section 91-7-99 uniquely allows a cofiduciary whose inventory refusal ended authority to offer a reasonable excuse within 60 days, which the court may deem satisfactory. Resignation/removal produces successor administration as on death, but outgoing court accountability and bond liability continue until final settlement and satisfaction (§ 91-7-85) |
| Missouri verified 2026-08-28 | Mo. Rev. Stat. §§ 473.139-.150, .153, .603, .607; executor/administrator/personal representative in probate division; post-letters resignation, revocation, settlement, and succession |
Removal: court own motion or any interested person's written complaint supported by affidavit. Resignation: representative petitions. Settlement enforcement: successor/surviving representative or any interested person applies. Sureties receive no removal standing but may face settlement judgment (§§ 473.139-.140, .607) |
Later-found/probated will requires revocation of administration letters and testamentary letters; setting aside will probate requires revocation and new letters for unadministered goods. General § 473.140 grounds remain may (§§ 473.140, .143) |
Mental incapacity; felony/infamous-crime conviction; habitual drunkenness; incapability/unsuitability; failure of official duties; waste/mismanagement; conduct endangering corepresentative; failure to answer citation/attachment to settle. Court also may replace surviving executor when estate interests require (§§ 473.140, .150) |
Executor/administrator petitions after filing required final settlement; court may permit resignation for good cause and acceptance revokes letters. Petition may be heard without notice or with recipients/manner court directs. No consent requirement or fixed notice period (§ 473.139) |
Interested complaint must be written/affidavit-supported. After notice to representative and attorney of record for representative who cannot be served in Missouri, court shall hear matter and may revoke. Section states no fixed removal deadline, show-cause form, suspension, or temporary fiduciary (§ 473.140) |
On death/resignation/disability/revocation, departing representative/estate/conservator files final settlement and accounts, pays, and delivers all estate money, property, rights, records, and papers as court orders; notice optional/court-directed. Successor/survivor/interested person may compel by contempt and obtain judgment against representative/sureties after 10-day noticed hearing. Court may deny/reduce compensation for duty failure (§§ 473.153(6), .603, .607) |
If all/sole representatives leave, court may grant d.b.n. letters to qualified will beneficiary or person eligible originally; successor has like duties/liabilities. Remaining representatives continue, but court may for estate interests revoke survivor and appoint administrator-with-will-annexed to survivor plus another qualified person (§§ 473.147, .150) |
Cited provisions state no special appeal, stay, reinstatement, or prior-act rule. Accepted resignation requires revocation of letters and has same effect as other revocation; mandatory later-will revocation and discretionary removal operate through revoked letters. Settlement/turnover follow court orders (§§ 473.139-.143, .603) |
| Montana verified 2026-08-28 | Mont. Code Ann. §§ 72-1-103, 72-3-501 to -527, 72-3-617, 72-3-621, 72-3-624, 72-3-631, and 72-3-701 to -705; already-appointed personal representative in the district court with decedent-affairs jurisdiction; personal representative includes executor, administrator, successor, and special administrator |
A person interested in the estate may petition for removal; a person who appears interested may seek temporary restraint. No own-motion removal or surety removal-petition route is stated. A qualifying interested person or creditor may demand bond; a surety is a noticed party in bond proceedings and may face an action by a successor, another representative, or interested person (§§ 72-3-514, -516, -526, -617) |
No § 72-3-526 cause commands removal. Death or appointment of a conservator terminates appointment automatically; a changed-testacy appointment ends only when the newly entitled representative is appointed. Failure to furnish demanded bond within 30 days is cause for removal and successor appointment, not automatic termination (§§ 72-3-514, -522, -523) |
Cause exists when removal serves the estate's best interests; the representative or appointment seeker intentionally misrepresented material appointment facts; or the representative disregarded a court order, became incapable, mismanaged the estate, or failed any office duty. A domiciliary representative may also displace the Montana ancillary representative unless the will directs otherwise (§ 72-3-526) |
File a written resignation statement with the clerk after at least 15 days' written notice to known interested persons. Filing is ineffective if no successor application or petition is made within the notice time and, in every case, takes effect only after successor appointment, qualification, and asset delivery; no consent substitute or separate acceptance finding is stated (§ 72-3-525) |
Petition may be filed anytime; court fixes hearing, and petitioner gives notice to representative and court-designated others. After notice, representative may act only to account, correct maladministration, or preserve the estate unless otherwise ordered. Court may temporarily restrain specified acts after a separate jeopardy showing; that matter must be heard within 10 days absent agreement. Special administrator is available when a general representative cannot or should not act, including without notice in an emergency (§§ 72-3-526, -617, 72-3-701 to -704) |
Termination preserves liability for prior acts or omissions and duties to preserve, account for, and deliver controlled assets; no departure-specific account deadline is stated. Sureties are ordinarily jointly and severally liable under the approved bond. General reasonable compensation remains available, subject to the will and a written fee renunciation (§§ 72-3-516, -521, -631) |
Ordinary appointment priority expressly governs successors, including will nominee, specified family/devisee classes, public administrator, and creditor after 45 days. Qualified successor may replace predecessor in proceedings without repeated notice, process, or claims and has predecessor's nonpersonal powers and duties. Remaining corepresentatives continue unless the will says otherwise; special administrator may protect or administer temporarily (§§ 72-3-502, -508, -527, -621, -624, 72-3-701 to -704) |
Sections 72-3-521 to -527 state no special removal appeal, stay, temporary-on-appeal, or reinstatement rule. Termination ends representative authority except protective acts and delivery before distribution or restraint. In changed-testacy cases only, former representative may seek reappointment if no new request is made within 30 days after the testacy appeal period expires (§§ 72-3-521, -523) |
| Nebraska verified 2026-08-28 | Neb. Rev. Stat. ch. 30 uses 'personal representative' for the appointed decedent-estate fiduciary; accepting appointment submits representative to the probate court's personal jurisdiction for interested-person estate proceedings (§ 30-2445), and county court handles removal, restraint, special administration, and successor appointment |
A person interested in estate may petition for removal for cause at any time (§ 30-2454); a person appearing to have an interest may seek temporary restraint (§ 30-2450), and any interested person may seek special administration (§ 30-2457). Domiciliary representative has ancillary-replacement route unless will says otherwise. No express own-motion removal or surety removal petition; successor, another representative, or interested person may proceed against surety for bond breach (§ 30-2449) |
No § 30-2454 ground mandates removal. Failure to provide demanded suitable bond within 30 days is 'cause' for removal and successor appointment, not automatic removal (§ 30-2448). Death or appointment of guardian/conservator terminates appointment automatically (§ 30-2452); later testacy change does not terminate until replacement appointment and permits reappointment after the statutory appeal window (§ 30-2455) |
Complete § 30-2454(b) menu: removal would be in estate's best interests; representative or appointment seeker intentionally misrepresented material appointment facts; representative disregarded court order; became incapable; mismanaged estate; or failed any office duty. Ancillary replacement is separately authorized. No distinct residence-loss, beneficiary-request, cofiduciary-breakdown, changed-circumstances, or generic good-cause category beyond best interests |
Representative files written resignation statement with registrar after at least 15 days' written notice to persons known interested (§ 30-2453(c)). If no successor application/petition arrives in notice time, statement is ineffective; in every event termination waits for successor appointment/qualification and delivery of assets. No beneficiary consent, hearing, account-first condition, or separate acceptance order stated |
Petition triggers court-fixed hearing time/place; petitioner notices representative and court-ordered others (§ 30-2454(a)). After notice, representative acts only to account, correct maladministration, or preserve estate unless court orders otherwise. Interested-person jeopardy petition supports temporary restraint; hearing within 10 days unless parties agree, with court-directed notice (§ 30-2450). Formal special administrator follows notice/hearing, or emergency no-notice appointment (§ 30-2457) |
Termination preserves prior transaction/omission liability and duties to preserve, account, and deliver assets; court retains jurisdiction (§ 30-2451). Removal order shall direct disposition of controlled assets, and resignation effectiveness depends on delivery. Bond demand freezes powers except preservation; 30-day failure supplies removal cause (§ 30-2448). Sureties are jointly/severally liable unless bond says otherwise, and bond breach may be pursued by successor, another representative, or interested person (§ 30-2449). Compensation remains reasonable (§ 30-2480); no departure-specific forfeiture |
Ordinary appointment provisions govern successor; after qualification successor may be substituted in former actions, prior notice/process/claims need not be repeated, and predecessor continued-administration powers/duties pass unless court orders otherwise (§ 30-2456). Successor completes administration/distribution expeditiously except personal will powers (§ 30-2477); remaining corepresentatives exercise all office powers unless will says otherwise (§ 30-2479). Special administrator may be informal or formal, emergency, limited, and charged with collection, management, preservation, accounting, and delivery (§§ 30-2457 to -2460) |
General Probate Code appeals go to Court of Appeals; any party or person affected by final judgment/order may appeal (§§ 30-2217 and 30-1601). Appeal is a supersedeas for the matter specifically appealed, not other matters. Core removal provisions state no special reinstatement. Notice narrows authority; removal directs asset disposition; termination preserves protection/delivery power and prior liability; resignation waits for successor qualification and delivery (§§ 30-2451, -2453, and -2454). Testacy-change provision permits prior representative to request reappointment after 30 days following the appeal period if no replacement request (§ 30-2455) |
| Nevada verified 2026-08-28 | NRS chs. 136, 139, 141-144, 150, and 155 govern the already-appointed 'personal representative'—executor or administrator—in the Nevada District Court that has estate jurisdiction; ch. 375A adds a narrow estate-tax-bond route |
Court may suspend from own knowledge or credible information (§ 141.090). Interested person may appear at removal hearing and file written allegations, seek ex parte restraint, enforce inventory/account duties, and seek independent-authority revocation; vexatious litigant may lose removal standing (§§ 141.120, 143.165, .360, 144.080, 155.165). Surety may petition discharge from future acts, causing a new-security citation; taxing Department may move under § 375A.215 |
After suspension citation, failure to appear or court satisfaction that good grounds exist requires revocation/new letters (§ 141.130). Mandatory routes also cover later-will probate (§ 141.050); proved higher-priority administrator claim (§§ 139.140-.160); failure to provide ordered security in 5-30 days or replacement surety within allowed time (§§ 142.090, 142.100, 142.130, and 142.140); absconding/unavailability plus account default 20 days after fixed date (§ 150.140); and failure to file an ordered estate-tax bond within 20 days, on Department motion (§ 375A.215) |
Suspension/removal cluster: waste, conversion, mismanagement or threatened waste/conversion; actual or threatened wrong/fraud; later disqualification; wrongful neglect; estate conflict; unreasonable delay (§§ 141.090, .130). Court may also revoke for inadequate diligence in closing, inventory default, account default after citation, independent-administration notice/order violations, or vexatious litigation (§§ 143.035, .760; 144.080; 150.100-.110; 155.165). Section 143.360 separately modifies/revokes independent authority for good cause without removing the representative from office |
Representative may resign at any time by writing filed with court; it takes effect on settlement of accounts (§ 141.080). No resignation-specific advance notice, beneficiary consent, hearing period, or separate acceptance finding is stated. If delay or estate/interested-person rights require, court may revoke letters after tender and appoint successor before settlement |
Suspension order is entered on minutes; clerk issues citation stating court-set appearance to show cause, served by certified mail or NRCP 4(d) personal service, with attorney/court-directed alternatives if representative absconds or leaves Nevada (§§ 141.090, 141.110, 141.120, 141.130, and 155.050). After proceeding notice, acts are limited to accounting, correcting administration, or preservation. Court may appoint bonded special administrator; interested person may obtain jeopardy-based ex parte restraint, ordinarily heard within 10 days (§§ 141.095, 141.100, and 143.165) |
Resigning representative and surety remain liable until all estate is delivered, a verified § 150.080 account is filed, and court approves it; account settlement receives § 155.010 notice (§§ 141.080, 150.160, .190). A successor may cite any departed representative to account and sue former bond; court orders asset disposition/transfer after removal (§§ 141.095, 143.090, 150.120). Surety discharge affects future acts only after satisfactory new security. No departure-specific compensation forfeiture; general court allowance/apportionment applies (§ 150.020) |
One remaining corepresentative completes administration; if all are unable/removed, court shall issue letters under § 139.040 priority and may require successor bond (§§ 141.060 and 141.070). Resignation successor uses original-letters method; removal requires new letters. A named executor unable/unwilling to continue may designate a qualified substitute under § 138.045. Bond-failure successor is next entitled after § 155.010 notice. Pending actions do not abate; qualified acting successor is substituted on motion (§ 143.200) |
Order revoking letters is appealable (§ 155.190). Appeal does not stay the order or estate proceedings unless court grants a stay on just bond/conditions (§ 155.195); statutes give no temporary-on-appeal label or express reinstatement rule. Pre-revocation acts remain valid (§ 141.140), authority narrows on proceeding notice, resignation becomes effective on account settlement, and successor litigation substitution follows appointment, qualification, and acting status |
| New Hampshire verified 2026-08-28 | RSA ch. 553; already-appointed executor or administrator in the probate court, now the Circuit Court Probate Division. 'Administrator' includes a person granted execution of a will (§ 553:1) |
Section 553:10 names no exclusive removal petitioner, court-own-motion route, or surety removal right; the judge may revoke after due notice when the statutory condition appears. An administrator or beneficially interested person may move for a further bond, but that is not an express removal petition (§ 553:13(IV)) |
Administration previously granted must be revoked when a will-named minor executor comes of age and requests the unadministered estate, unless the prior grant was to a coexecutor. An administrator who fails the resident-agent duties in RSA §§ 553:25 and 553:27 shall be removed (RSA §§ 553:6 and 553:28) |
After due notice, judge may revoke for absence; bodily or mental infirmity; or wasteful or fraudulent management that makes the executor or administrator unfit or unsafe. Court may also revoke with the fiduciary's consent whenever proper. No separate conflict, beneficiary-request, delay, or general good-cause list (RSA §§ 553:10 and 553:11) |
Executor or administrator requests resignation; judge may allow it when proper. Current statewide NHJB-2140-Pe e-file form asks the court to accept the resignation and appoint another person. Statute states no fixed notice period, required beneficiary consent, account-first condition, or automatic effectiveness (§ 553:12) |
Section 553:10 requires due notice but states no particular petition, service list, fixed hearing period, show-cause sequence, proof standard, suspension, or removal-specific interim fiduciary. Special and temporary administration in RSA §§ 553:20, 553:20-a, 553:22, 553:23, and 553:24 address delay in the final grant or asset identification, not expressly a pending-removal case |
Ordinary bond conditions require inventory within 90 days, sworn account within 1 year and annually until final allowance, residue delivery after allowed final account/summary motion, and certificate return if a later appointment is granted. Chapter 553 states no separate departure discharge, compensation, reserve, or surety-release rule (§ 553:13) |
After death, extinguishment, or revocation creates a vacancy, court may appoint an administrator de bonis non for the unadministered estate to a person the judge thinks proper, with due regard to RSA § 553:2 priority. Successor appointment is not made mandatory; executor of an executor has no automatic right. Special or temporary administrators have court-limited preservation or asset-identification roles (RSA §§ 553:7, 553:8, 553:20, 553:20-a, 553:22, and 553:23) |
Only the special-administrator provision says an appointment appeal does not suspend duties; an interested party's bond challenge permits a new bond and absolute or qualified stay. RSA §§ 553:10, 553:11, and 553:12 state no special ordinary-removal/resignation appeal, stay, reinstatement, or later effective event; revocation or extinguishment creates the successor vacancy (RSA §§ 553:7 and 553:24) |
| New Jersey verified 2026-08-28 | N.J.S. 3B:2-4, 3B:10-15, -17, -31, and 3B:14-1, -5 to -7, -18, -21 to -22; executor/administrator falls within Title 3B fiduciary framework after appointment; discharge/removal and account proceed in Superior Court, which may use summary procedure |
Section 3B:14-21 names no general petitioner class or express own-motion procedure; § 3B:2-4 authorizes summary Superior Court proceedings by or against fiduciaries. Fiduciary may apply for own discharge under § 3B:14-18. No surety removal-petition right stated; surety liability survives (§ 3B:14-22) |
No mandatory general removal ground: § 3B:14-21 says court may remove for every listed cause and states no original/later-disqualification track. Narrow exception: on reinstatement of an original fiduciary after war service, the court-appointed substitute shall be removed and loses powers except accounting (§ 3B:14-14) |
May remove for due-notice failure to file inventory/account or give security; failure to obey another court order; embezzlement, waste, misapplication, or abuse of trust; no NJ residence/office plus neglect/refusal to administer; business incapacity; or cofiduciary nonperformance/nonjoinder that may hinder administration (§ 3B:14-21) |
Voluntary exit uses Superior Court discharge: sufficient cause, but court may refuse if prejudicial to estate/interested persons or otherwise improper; court sets just/equitable commissions. Section 3B:14-18 states no private resignation writing, fixed notice period, consent, or successor-first condition |
Title 3B permits summary Superior Court procedure but §§ 3B:2-4 and 3B:14-21 state no general petition form, service list, fixed hearing deadline, suspension, or temporary-fiduciary remedy. Grounds (a)-(b) require due notice of the violated order/judgment and noncompliance within the court-fixed time |
Deliver held assets forthwith; state and settle Superior Court account within 60 days unless court shortens/extends; pay settled balance within 60 days after account. Default can bring estate-value fine and contempt. Fiduciary/surety liability survives; discharge court sets commissions just/equitably (§§ 3B:14-5 to -7, -18, -22) |
Remaining qualified cofiduciary continues with full estate authority; no substitute required. If sole/last executor or administrator dies, is removed, or discharged before completion, vacancy shall be filled by a fit substituted administrator through surrogate's or Superior Court letters under initial-administrator conditions. Successor has original powers/duties except will-personal powers (§§ 3B:14-1, 3B:10-15, -17, -31) |
Cited general provisions state no special appeal or stay. Court discharge/removal starts immediate turnover and the 60-day account; successor authority follows substitutionary letters. War-service original may apply for reinstatement while duties/assets remain; reinstatement removes the substitute, ends powers except accounting, and requires prompt account/delivery (§§ 3B:14-5, -7, -13 to -14) |
| New Mexico verified 2026-08-28 | NMSA 1978, Uniform Probate Code Article 3, uses 'personal representative' for the appointed estate fiduciary; the appointing probate or district court retains personal jurisdiction, while contested removal, restraint, and formal special-administrator relief are in district court (§§ 45-3-602, -607, and -611) |
Any interested person may petition for removal at any time (§ 45-3-611(A)); an interested person appearing to have an estate interest may seek temporary restraint (§ 45-3-607), and an interested person may petition for special administration (§ 45-3-614). A domiciliary personal representative may seek removal of a New Mexico ancillary representative while securing self/nominee appointment unless will says otherwise (§ 45-3-611(C)). No express own-motion removal or surety removal petition; successor, another representative, or interested person may pursue bond breach (§ 45-3-606) |
No § 45-3-611 ground mandates removal; each establishes 'cause' for a judicial removal decision. Failure to satisfy an interested-person bond demand within 30 days is cause for removal, not automatic removal (§ 45-3-605). Death or appointment of a conservator terminates appointment automatically (§ 45-3-609), while later testacy change expressly does not automatically terminate the office (§ 45-3-612) |
Complete § 45-3-611(B) menu: removal is in estate's best interests; representative or appointment seeker intentionally misrepresented material appointment facts; representative disregarded district-court order; became incapable; mismanaged estate; or failed any office duty. Ancillary replacement route is separately stated. No beneficiary-request, residence-loss, cofiduciary-breakdown, or changed-circumstances category beyond the best-interests ground |
Representative files written resignation statement with court after at least 15 days' written notice to known interested persons (§ 45-3-610(C)). Sole representative's filing is ineffective if no successor application/petition arrives within notice time and, in all events, termination waits for successor appointment/qualification and asset delivery. Corepresentative resignation is effective only on asset delivery to remaining corepresentatives. No beneficiary consent or court-acceptance order is required by this section |
Petition triggers district-court setting of hearing time/place; petitioner notices representative and court-directed others (§ 45-3-611(A)). After notice, representative acts only to account, correct maladministration, or preserve estate unless court orders otherwise. On interested-person petition, temporary restraint may prohibit specified acts or secure duty performance; hearing is within 10 days with notice to representative, counsel, and directed persons (§ 45-3-607). Formal special administrator follows notice/hearing or emergency no-notice order (§ 45-3-614) |
Termination preserves liability for prior transactions/omissions and duties to preserve, account, and deliver assets (§ 45-3-608). Removal order shall direct disposition of controlled assets; resignation effectiveness itself depends on delivery. Supervised representative accounts at least annually, at closing, and on resignation/removal, with possible physical estate check (§ 45-3-505). Bond demand freezes powers except preservation until bond/cessation; 30-day failure is removal cause (§ 45-3-605). Compensation is reasonable and may be renounced in writing (§ 45-3-719); no departure-specific forfeiture |
Successor appointment follows ordinary informal/formal appointment provisions; after qualification successor is substituted in former representative's actions, and prior notice/process/claims need not be repeated (§ 45-3-613). Unless court orders otherwise, successor receives former continued-administration powers/duties and must complete expeditiously, excluding expressly personal will powers (§§ 45-3-613 and -716). Remaining corepresentatives continue with all office powers after another dies, becomes disabled, or is removed (§ 45-3-718). Special administrator may be appointed after notice/hearing or immediately in emergency (§§ 45-3-614 to -617) |
Surveyed Article 3 provisions state no removal-specific appeal, stay, temporary-on-appeal appointment, or reinstatement. Notice of removal immediately narrows authority; removal order directs asset disposition; termination ends office powers except protection/delivery authority and preserves prior liability (§§ 45-3-608 and -611). Resignation effectiveness turns on successor/remaining-corepresentative delivery conditions; later testacy change waits for new appointment rather than automatically ending office (§§ 45-3-610 and -612) |
| New York verified 2026-08-28 | N.Y. SCPA §§ 201, 703, 706-707, 711-716, 719-720; already-appointed executor, administrator, or other estate fiduciary under Surrogate's Court supervision |
Cofiduciary, creditor, interested person, person for an infant, or fiduciary-bond surety may petition. Court may act without petition/process on § 719 grounds, including any § 711 fact brought to its attention (§§ 711, 719) |
No surveyed post-appointment ground requires removal: §§ 713 and 719 use may. Original/later ineligibility under § 707 is a § 711 ground, but the decree remains discretionary (§§ 707, 711, 713, 719) |
Ineligibility; waste, improper application, unauthorized investment, improvident management or injury; misconduct, dishonesty, substance abuse, drunkenness, improvidence, want of understanding or unfitness; order/law disobedience; material falsehood; office-ending contingency; 30-day address-update failure; unauthorized out-of-state removal; account failure; and § 719 no-process grounds (§§ 711, 719) |
Petition may be filed at any time, must state supporting facts, and asks permission, revocation of letters, account settlement, and court-directed notice. No fixed notice period or consent rule; resignation requires the court's determination and order (§§ 715-716) |
Petition must show a § 711 case; process goes to the fiduciary and others the court directs. Court may immediately suspend powers wholly/partly; after return it may suspend, modify, revoke, remove, or dismiss. Section 719 separately permits specified action without petition/process (§§ 712-713, 719) |
Resigning fiduciary must settle the account and, before discharge, fully account, pay amounts due, and deliver books, papers, property, and money as directed. Removal decree may order account and turnover. Surety has petition standing; these provisions set no fixed account deadline, special compensation/reserve rule, or separate bond-release step (§§ 711, 716, 720) |
Remaining cofiduciaries ordinarily finish without replacement unless the will requires one. If all cease, court appoints as if no letters issued; an intermediate resignation order may appoint a successor. Original intestacy or will-based priority/service rules apply; successor may finish administration and continue actions or enforce judgments (§§ 706, 716, 1001, 1003, 1414, 1418-1419) |
Letters evidence authority until reversed/modified on appeal or suspended/modified/revoked by the issuing court; powers cease or change on entry of the Article 7 decree. The surveyed provisions state no special appeal stay, temporary-on-appeal status, or reinstatement route; valid good-faith acts are protected as § 720 provides (§§ 703, 720) |
| North Carolina verified 2026-08-28 | N.C. Gen. Stat. Arts. 2, 4, 6, 9-10 of Ch. 28A; personal representative or collector after letters issue; appointing county's clerk of superior court acts as probate judge |
Any estate-interested person may file a verified revocation petition; clerk may conduct own-motion hearing. Resignation is fiduciary-filed. No express surety petition or objection role; an appeal stay requires appellant's bond (§§ 28A-9-1, -9-4, -10-2, -10-6) |
Without hearing: later will probate, will set aside or later paper revoking executor, ordered bond default, served nonresident's process default, bankruptcy/receivership/creditor assignment, unservable missing inventory/account defaulter, or attorney suspension/disbarment. After hearing, any § 28A-9-1 ground found also requires revocation (§§ 28A-9-1 to -9-2) |
Hearing grounds: original/later § 28A-4-2 disqualification, letters obtained by false representation or mistake, fiduciary-duty default or misconduct, potentially adverse private interest, or specified property-finder relationship. Once found, revocation is mandatory, not discretionary (§ 28A-9-1) |
Verified petition stating appointment, known interested persons/residences, reasons, and filed accounts/conduct record; verified account accompanies it. Clerk directs service on all named interested persons; no consent requirement. Hearing 10-20 days after notice; approval requires proper accounts, estate best interest, and ability to allow resignation (§§ 28A-10-1 to -10-4) |
Verified petition in existing estate file; Article 2 hearing and clerk-directed notice. Contested proceeding uses joined respondents, estate summons, Rule 4 service, and 20-day answer. Summary § 28A-9-2 revocation has no hearing. Clerk may enter asset-preservation orders pending revocation or appeal (§§ 28A-2-6, -9-1 to -9-2, -9-5) |
Revoked fiduciary must surrender all controlled estate assets and file an Article 21 account; limited protection covers pre-revocation administrative acts under § 28A-9-2(a)(1)-(2). Resignation requires true accounts, full asset accounting to successor/remaining representatives, and approved final account. No special compensation or bond-release rule stated (§§ 28A-9-3, -10-3, -10-5) |
Sole/last departure requires successor under § 28A-4-1; replacement is optional if a representative remains unless best interests or the will requires it. Nonpriority applicant generally gives equal/higher-priority persons 15 days' written notice. Qualified successor receives statutory powers and original duties/liabilities except liabilities arising from revocation grounds (§§ 28A-4-1, -6-2 to -6-3, -9-6 to -9-7, -10-7 to -10-8) |
Any interested person may appeal revocation; resignation appeal is limited to an interested person who appeared and objected. Clerk may stay revocation or allowed resignation on an appropriate bond. Revocation authority ceases on the order; resignation waits for required successor qualification, full turnover/accounting, and final-account approval. No special reinstatement rule stated (§§ 28A-9-3 to -9-4, -10-5 to -10-6) |
| North Dakota verified 2026-08-28 | N.D.C.C. §§ 30.1-01-06, 30.1-13-03, 30.1-17-01 to -18, and 30.1-18-16 to -21; already-appointed personal representative in the decedent-affairs court. Personal representative includes executor, administrator, successor, and special administrator; this cell addresses ordinary post-appointment estate administration |
A person interested in the estate may petition for removal; a person who appears interested may seek temporary restraint. Interested person includes heirs, devisees, children, spouses, creditors, beneficiaries, estate claimants, appointment-priority holders, and representative fiduciaries. No own-motion removal or surety removal petition is stated. A $1,000-qualified interested person/creditor may demand bond; successor, another representative, or interested person may proceed against the surety (§§ 30.1-01-06, 30.1-17-05 to -07, -11) |
No § 30.1-17-11 cause commands removal. Death or conservator appointment terminates appointment automatically; changed testacy terminates only upon appointment of the newly entitled representative. Thirty-day failure to provide demanded bond is cause for removal and successor appointment, not automatic termination. Appointment qualifications bar a minor and a person formally found unsuitable, without stating an automatic post-appointment result (§§ 30.1-13-03, 30.1-17-05, -09, -12) |
Cause exists when removal serves the estate's best interests; the representative or appointment seeker intentionally misrepresented material appointment facts; or the representative disregarded a court order, became incapable, mismanaged the estate, or failed any office duty. Unless the will directs otherwise, a domiciliary representative may displace the North Dakota ancillary representative when securing local appointment personally or through a nominee (§ 30.1-17-11) |
File a written resignation statement with the court after at least 15 days' written notice to persons known to be interested. Filing is ineffective if no successor application or petition is made within the notice time and, in every event, takes effect only after successor appointment, qualification, and asset delivery. The section states no consent substitute, separate acceptance finding, or exception for a remaining corepresentative (§ 30.1-17-10) |
Removal petition may be filed anytime; court fixes hearing, and petitioner gives notice to representative and court-designated others. After notice, representative may act only to account, correct maladministration, or preserve the estate unless otherwise ordered. On an apparent-interest petition and unreasonable-jeopardy showing, court may temporarily restrain acts or secure performance; hearing is within 10 days unless parties agree otherwise. Special administrator is available after notice/hearing or without notice in an emergency (§§ 30.1-17-07, -11, -14 to -17) |
Termination preserves liability for earlier acts/omissions and duties to preserve, account for, and deliver controlled assets; removal order directs disposition, but no departure-specific account deadline is stated. Bond demand threshold is an estate interest or creditor claim above $1,000; powers narrow pending bond, and noncompliance after 30 days is removal cause. Surety remains answerable under bond terms. Reasonable compensation remains available and may be reviewed/refunded if excessive (§§ 30.1-17-05 to -06, -08, -11; 30.1-18-19, -21) |
Ordinary priority governs successors: will priority, spouse-devisee, other devisees, spouse, heirs, decedent's guardian/conservator, trust company, then creditor after 45 days, subject to objection/nomination rules. Qualified successor substitutes without repeated notice, process, or claims and generally has predecessor's continued-administration powers/duties plus the original representative's nonpersonal powers. Remaining corepresentatives continue unless will says otherwise; special administrator may protect/administer temporarily (§§ 30.1-13-03, 30.1-17-13 to -17, 30.1-18-16, -18) |
Sections 30.1-17-08 to -13 state no special removal appeal, stay, temporary-on-appeal, or reinstatement rule. Termination ends authority except protective acts and delivery before distribution or restraint. In changed-testacy cases only, successor appointment terminates the old office; if no new request is made within 30 days after the testacy appeal time expires, the prior representative may request appointment under the new status (§§ 30.1-17-08, -12) |
| Ohio verified 2026-08-28 | Ohio Rev. Code §§ 2109.02, .04, .06, .18-.19, .21, .24-.26; appointed fiduciary under letters in the supervising probate court, including executor or administrator |
No general petitioner list in § 2109.24. Interested party may seek new/additional bond; bond surety may seek account and indemnity bond; court or any party in interest may initiate military-service removal (§§ 2109.06, .19, .25) |
Failure to give later-required bond; failure to furnish court-ordered new/additional bond or sureties; failure to replace bond after surety-release order; administrator's proven loss of Ohio residence. Qualified named executor cannot be removed solely for nonresidence (§§ 2109.04(C), .06, .18, .21(A)-(B)) |
30-day post-notice inventory/account default; habitual drunkenness; neglect; incompetency; fraud; estate/property interest demands removal; other authorized cause; permanent-address noncompliance; refusal of surety indemnity bond; military-service inability (§§ 2109.19, .21(F), .24-.25) |
Written statement filed in probate court; at least 15 days' notice to known interested persons; proper accounting; no resignation without court order. Court may set hearing and notify all interested persons; no consent requirement stated (§ 2109.24) |
General § 2109.24 removal requires at least 10 days' notice to fiduciary but states no special petition, show-cause, or mandatory-hearing form. Bond orders require notice; military removal may proceed without notice or on court-directed notice (§§ 2109.06, .24-.25) |
Sole departing fiduciary's final account is due forthwith; prior fiduciary/surety liability survives successor appointment. Inventory/account default removal ordinarily forfeits service allowance. Surety-release route uses hearing, account, approved new bond, and continuing pre-replacement liability (§§ 2109.18, .24, .26) |
Court must appoint successor after new/additional-bond default and, for an otherwise unprovided vacancy, must issue letters to a competent qualified person on own motion or beneficially interested person's application. Military removal permits substitute or remaining-fiduciary administration (§§ 2109.06, .25-.26) |
No special appeal or stay rule in cited provisions. Court order is required for resignation; resignation/removal revokes all letters. Military-service fiduciary must be reappointed on application after service if suitable, competent, and residence-qualified; substitute is then removed (§§ 2109.24-.26) |
| Oklahoma verified 2026-08-28 | 58 O.S. Title 58 governs an already-appointed executor or administrator in district-court probate; §§ 179, 182-187, 211-221, 231-238, 527, 721, and 732 cover bond, interim, departure, fee, and appeal rules |
Judge acts from own knowledge or credible information; interested party may apply on an impairing conflict and any interested person may file written removal allegations at hearing. An interested person may verified-petition over insufficient bond; a surety may petition for release from future acts (§§ 179, 185, 234, 236) |
After suspension, failure to appear or a finding of statutory cause requires revocation (§ 235). Cause cluster: actual or threatened waste, embezzlement, mismanagement, or estate fraud; incompetence; wrongful neglect; or long neglect (§ 234(A)). Failure to supply required further security or replacement sureties also requires removal/revocation (§§ 183, 187) |
Section 231 permits pre-transition revocation when delay or another cause makes it necessary to protect the estate or interested persons. A substantially impairing conflict requires only subject-matter suspension plus a special administrator; the representative keeps authority over other matters (§ 234(B)). No separate beneficiary-request, changed-circumstances, cofiduciary-breakdown, or generic good-cause list |
Written resignation filed in district court, only after settling the account and delivering all estate property to the court-appointed recipient (§ 231). Statute states no advance notice period, service list, beneficiary consent, hearing, or separate acceptance finding |
Court first suspends powers, gives notice, and cites the representative to show cause. Interested persons may file written allegations; representative may demur or answer; court hears the issues. Court may compel attendance and sworn answers; publication or court-directed notice may replace personal citation for an absconded or absent representative (§§ 234-238). Special administrator may protect the estate during suspension or removal (§§ 211-212) |
Resignation requires prior account settlement and delivery of all estate to the court-appointed recipient; outgoing fiduciary and surety liability remain unaffected (§ 231). Surety may seek future-act release after replacement security; refusal to replace requires revocation (§§ 185-187). A fiduciary who serves only part of the administration receives only a court-set portion of the statutory fee (§ 527) |
Special administrator may be appointed without notice after death, suspension, partial suspension, or removal; court specifies powers, bond precedes letters, and priority goes to the person entitled to ordinary letters, with no appeal from that appointment (§§ 211-214). Remaining cofiduciary completes administration; if all are gone or revoked, court must issue successor letters in original priority/order, with like bond and powers (§§ 220-221) |
Orders revoking letters are appealable (§ 721), but appeal from revocation, suspension, or removal does not stay execution (§ 732). Authority ceases when mandatory bond revocation is ordered (§ 182); pre-revocation acts remain valid (§ 232). The cited statutes state no removal-specific reinstatement route |
| Oregon verified 2026-08-28 | ORS Chapter 113 governs an appointed personal representative in the estate proceeding; §§ 113.195-.225 cover post-appointment removal, surviving cofiduciaries, court-accepted resignation, successor appointment, and successor notice |
Court acts on own motion or petition of any interested person and shall order show cause when grounds appear. Surety receives show-cause order and petition but is not given express removal-petition standing; court may separately discharge surety by statutory bond-release order (§§ 113.115, .195(5)) |
Court shall remove when representative ceases to qualify under § 113.095 or becomes incapable. Disqualifications: incapacity/financial incapability, minority, specified lawyer suspension/disbarment or disciplinary resignation, and funeral-practitioner bar subject to relationship exception. Changed-testacy events require revocation/replacement letters (§§ 113.095, .195(1), .215(2)-(3)) |
Court may remove for unfaithfulness to or neglect of trust, failure to comply with felony-disclosure § 113.092, or other good cause. No separate statutory waste, conflict, beneficiary-request, cofiduciary-breakdown, or ineffective-administration category beyond those broad standards (§ 113.195(2)-(4)) |
Section 113.215 recognizes resignation only when accepted by court, but states no writing, petition, signature, service list, advance notice, consent, account-first condition, or acceptance finding. Successor appointment follows accepted resignation; creditor republication may follow (§§ 113.215, .225) |
When grounds appear, court shall order representative to appear and show cause; serve order and any petition on representative and surety as the removal statute directs. Section 113.195 states no fixed service/hearing period, response deadline, or suspension. Before a successor qualifies, special administrator may protect endangered property under bounded, ordinarily bonded authority (§§ 113.005, .195) |
Sections 113.195-.225 state no outgoing-representative account deadline, liability discharge, compensation consequence, reserve, or express asset/record-turnover deadline. Surety receives removal papers; court may separately discharge surety by statutory order. Successor inherits nonpersonal rights and powers; special administrator accounts and delivers assets within 30 days after permanent letters (§§ 113.005(5), .115, .195, .215(4)) |
Surviving cofiduciary exercises all joint powers unless will says otherwise. Court may replace any departed representative and shall replace sole/last one if administration incomplete. Successor inherits predecessor/named-executor rights and powers except will powers made personal, qualifies through any required bond and letters, and republishes creditor notice if predecessor leaves during original four-month period (§§ 113.105, .125, .205-.225) |
Cited provisions state no special removal appeal, stay, temporary-on-appeal status, preservation-of-interim-acts rule, or reinstatement. Removal occurs by court action; resignation is recognized when court accepts it; successor authority follows appointment plus required bond and letters. Later will invalidation/discovery mandates revocation and new letters (§§ 113.125, .195, .215) |
| Pennsylvania verified 2026-08-28 | 20 Pa.C.S. §§ 711, 761, 764, 793, 3155-3159, 3181-3184, 3326-3329, 3374, 3501.1; already-appointed personal representative; Court of Common Pleas Orphans' Court division controls removal/discharge, while register grants and may revoke letters |
Any party in interest may petition; court may act on own motion. Register may revoke letters on § 3181 grounds. No separate surety removal-petition right stated; court may discharge representative and surety, or surety alone, under § 3184 (§§ 3181, 3183-3184) |
No post-appointment ground mandates removal: § 3182 gives the court exclusive removal power, while § 3183 uses may for removal. On an adequate interested-party petition, the court shall issue the show-cause order. Initial qualification and death-charge restrictions are in §§ 3155-3156 |
Waste/mismanagement; actual or likely insolvency; failure of legal duty; sickness or physical/mental incapacity likely to injure estate; leaving Pennsylvania or losing known in-state residence without directed security; specified manslaughter/homicide charge; or any other likely estate jeopardy (§ 3182). Register has separate § 3181 revocation grounds |
Title 20 recognizes personal-representative resignation but states no general form, fixed notice period, consent rule, court-acceptance standard, or effective event. Court applications use an attested or verified petition; statewide Rule 10.5 change notice applies even when resignation leaves other representatives serving (§§ 761, 3374; Pa.R.O.C.P. 10.5 adoption report) |
Own-motion court may order show cause; adequate party-in-interest petition requires it. General citation directs a sworn answer at least 10 days after service; notice method is court-directed. Court may summarily remove when necessary to protect creditor/interested-party rights, then secure and compel delivery of assets, books, accounts, and papers (§§ 764, 768, 3183) |
Removal orders may secure/deliver estate assets and records. Account may be filed after 4 months from first complete letters advertisement, citation to account after 6 months, or court direction anytime. Representative and surety may be discharged from future liability only after final-account confirmation and distribution; surety-only discharge bars further asset control until replacement bond (§§ 3183-3184, 3501.1) |
Court may direct new letters to person entitled; entire vacancy before completion requires d.b.n. or d.b.n.c.t.a. letters. Remaining representatives retain original powers; successor recovers predecessor assets and stands in predecessor's place without personal liability for predecessor acts. Rule 10.5 requires change notice (§§ 3155, 3159, 3326-3327) |
Appeal from an order concerning validity of a will or right to administer does not suspend powers or prejudice representative acts. Good-faith administration acts survive later revocation. A summarily removed representative may petition to vacate the decree and be reinstated; § 3183 supplies restoration orders (§§ 793, 3183, 3329) |
| Rhode Island verified 2026-08-28 | R.I. Gen. Laws §§ 33-18-2 to -7, 33-18-13, 33-22-12, 33-23-7, and 33-9-22, plus statewide Probate Forms PC-1.7 and PC-1.8; already-appointed executor or administrator in the probate court supervising the estate |
Any person interested in the estate, any creditor, or the bond surety may complain for removal and obtain a citation. No court-own-motion removal route is stated. Successor or interested person may enforce turnover, and successor must pursue the former bond; after written request and refusal, an interested person may sue on the first bond (§§ 33-18-3, -6) |
No surveyed ground commands removal: incapacity, neglected/refused duties, waste, and failure to comply with nonresident-agent requirements all use may or may be cause. Once a removal decree enters, however, it operates despite appeal until final appellate determination (§§ 33-18-2, -13; 33-23-7) |
Court may remove when executor/administrator for any cause becomes incapable of executing the trust, neglects or refuses trust duties, or wastes the administered estate. Failure to comply with §§ 33-18-9 to -12 resident-agent requirements may also be cause (§§ 33-18-2, -13) |
Fiduciary resigns in writing to the probate court; court may accept only after accounts are settled and may appoint successor on petition. No fixed resignation-notice period or consent substitute appears in § 33-18-4. Current PC-1.7 is signed, notarized, and heard; its decree accepts resignation but withholds discharge until final-account allowance and transfer of all assets and records |
Complaint triggers citation to the fiduciary stating the substance or attaching the complaint; service follows § 33-22-12, including personal citation at least 7 days before proceeding or mailed notice to interested persons. Court removes only after hearing. PC-1.8 is a signed/notarized petition identifying grounds and proposed successor. No pre-decree suspension, temporary fiduciary, or protective-order route appears in these provisions (§§ 33-18-2 to -3; 33-22-12) |
Resignation acceptance requires settled accounts; PC-1.7 withholds discharge until final-account allowance and transfer. Successor demands all estate effects, books, securities, documents, and papers; court may compel delivery by contempt, and successor pursues the former bond. New or surviving fiduciary gives a new bond as court requires. No departure-specific compensation rule appears (§§ 33-18-4 to -6) |
After sole fiduciary resigns, court shall appoint successor; surviving joint executor continues and may need new bond, while replacement of a resigning joint administrator is discretionary. Successor receives resigning fiduciary's powers unless will says otherwise, takes estate property and records, and may continue pending actions. Sections state no special successor priority or repeated creditor-notice rule (§§ 33-18-4 to -7) |
Removal decree is effective notwithstanding appeal; qualified successor receives property and proceeds as if no appeal. Final reversal ends successor powers and requires prompt delivery back to predecessor or court-designated person. Earlier lawful acts and good-faith sales remain valid after removal (§§ 33-23-7, 33-9-22) |
| South Carolina verified 2026-08-28 | S.C. Code §§ 62-1-201(5), 62-3-203, 62-3-605 to -618; personal representative after appointment in the Probate Code court |
Interested person may petition for removal or apply for temporary restraint; no express court-own-motion removal route. Domiciliary representative may displace ancillary representative. Surety has no removal standing; successor/other representative/interested person may initiate bond-breach proceeding (§§ 62-3-606(4), -607, -611) |
No general mandatory-removal menu. Death or appointment of conservator or guardian for representative terminates appointment. Changed testacy terminates only when entitled successor is appointed. Failure to post demanded bond within 30 days is cause unless good cause shown (§§ 62-3-605, -609, -612) |
Cause: removal best for estate; intentional material misrepresentation by representative or appointment proponent; court-order disregard; incapability; mismanagement; failure of any office duty. Domiciliary ancillary-displacement and bond-default routes also apply (§§ 62-3-605, -611) |
File written resignation with court and provide 20 days' written notice to known interested persons. Filing ineffective if nobody timely seeks successor and always effective only after successor appointment/qualification and asset delivery. Counsel's court duties end when resignation effective. No consent or separate acceptance finding stated (§ 62-3-610(b)) |
Court fixes removal hearing; petitioner serves/notifies representative and others court orders. After summons/petition service and removal notice, representative may only account, correct maladministration, or preserve. Interested person may obtain temporary restraint; hearing within 10 days or agreed time, with court-directed notice to representative, counsel, and named defendants. Special administrator available after notice/hearing or without notice in emergency (§§ 62-3-607, -611, -614) |
Termination preserves pretermination liability, court jurisdiction, and duties to preserve, account, and deliver; removal order directs remaining-asset disposition. Sureties ordinarily jointly/severally liable and may face bond proceeding. Resignation/removal provisions state no special account deadline, bond-release, compensation, or reserve rule; counsel's court duties end on effective resignation/removal (§§ 62-3-606, -608 to -611) |
General § 62-3-203 priority governs successor. Qualified successor substitutes in proceedings, inherits powers/duties unless court orders otherwise, and prior notice/process/claims need not be repeated. Special administrator may protect/properly administer when general representative cannot or should not act; executor named in pending will has preference if available/qualified (§§ 62-3-203(g), -613 to -617) |
Cited removal provisions state no special appeal stay or reinstatement. Termination ends office authority but preserves protection/account/delivery duties and jurisdiction. Changed-testacy successor appointment triggers termination; after 30 days following appeal-time expiration with no new request, prior representative may request appointment under new status (§§ 62-3-608, -612) |
| South Dakota verified 2026-08-28 | SDCL §§ 29A-1-201, 29A-3-203, and 29A-3-603 to -719; already-appointed personal representative in the circuit court. Personal representative includes an executor, administrator, successor, and special administrator; this cell addresses the ordinary decedent-estate office after appointment |
Any interested person may petition for removal, and any person who appears interested may seek temporary restraint; interested person expressly includes heirs, devisees, spouses, creditors, beneficiaries, priority claimants, and representative fiduciaries. No own-motion removal or surety removal-petition route is stated. Personal representative or another interested person may petition to require/change/release bond or substitute sureties (§§ 29A-1-201, 29A-3-604, -607, -611) |
Section 29A-3-611 states causes but does not command removal. Death or conservatorship appointment for an adjudicated protected representative terminates appointment. Changed testacy terminates only when the newly entitled person is appointed. Appointment qualifications bar a minor, a person formally found unsuitable, and an unqualified bank/trust company; the surveyed post-appointment sections do not make later disqualification automatic removal (§§ 29A-3-203, -609, -612) |
Cause exists when removal is in the estate's best interests; the representative or appointment requester intentionally misrepresented material appointment facts; or the representative disregarded a court order, became incapable, mismanaged the estate, or failed an office duty. Unless the will directs otherwise, a domiciliary representative seeking local appointment personally or through a nominee may remove the representative administering South Dakota assets (§ 29A-3-611) |
File a written resignation statement with the clerk after at least 14 days' written notice to persons known to be interested. A sole representative's filing is ineffective if no successor application or petition is made within the notice time and takes effect only after successor appointment, qualification, and asset delivery. A corepresentative's resignation takes effect only after delivering held assets to the remaining corepresentatives; no consent substitute or separate court-acceptance finding is stated (§ 29A-3-610) |
Removal petition may be filed anytime; court fixes hearing time/place, and petitioner notifies the representative and court-designated others. After notice, authority is restricted to accounting, correcting maladministration, and preservation unless otherwise ordered. On an apparent-interest petition and unreasonable-jeopardy showing, court may temporarily restrain specified acts or enter another performance-securing order; hearing time and notice are court-directed. A special administrator may be appointed after notice/hearing or without notice in an emergency (§§ 29A-3-607, -611, -614 to -617) |
Termination preserves liability for prior acts/omissions and duties to preserve, account for, and deliver controlled assets; removal order directs disposition of remaining assets, but no departure-specific account deadline is stated. Bond is required only if court finds it in the estate's best interests; petition may require/change/release it or substitute sureties. Reasonable compensation and the statutory personalty commission schedule remain available; no special forfeiture rule appears (§§ 29A-3-603, -604, -608, -611, -719) |
Ordinary appointment priority governs successors: probated-will priority, spouse-devisee, other devisees, spouse, heirs, then after 45 days another qualified person, subject to formal-objection and nomination rules. Qualified successor substitutes in proceedings without repeated notice, process, or claims and receives predecessor's nonpersonal powers/duties; knowing predecessor breach requires reasonable corrective action. Remaining corepresentatives continue unless the will says otherwise; special administrator is available for protection or proper administration (§§ 29A-3-203, -613 to -617, -716, -718) |
Sections 29A-3-608 to -613 state no special removal appeal, stay, temporary-on-appeal, or reinstatement rule. Termination ends office authority except protective acts and delivery before distribution or restraint. Changed testacy alone does not terminate; successor appointment does, and if no new request is filed within 30 days after the testacy appeal period expires, the former representative may continue under the new status (§§ 29A-3-608, -612) |
| Tennessee verified 2026-08-28 | Tenn. Code Ann. §§ 30-1-112 to -115, -151, -201; 35-15-706, -1001; 40-20-115; executor/administrator/personal representative in probate court or chancery court with estate-settlement cognizance |
Section 30-1-151 imports § 35-15-706 procedure, which names settlor, cotrustee, qualified beneficiary, and court own initiative; estate statute does not separately translate trust-role labels. Any interested person may seek protective bond for waste/likely waste. Sureties receive five days' notice before turnover execution but no removal-petition right stated (§§ 30-1-113, -151, -201; 35-15-706(a)) |
Sentence of imprisonment in penitentiary ends right to serve as executor/administrator and operates as removal. General § 35-15-706 grounds use may, not shall (§ 40-20-115; §§ 30-1-151, 35-15-706) |
Imported grounds: serious breach; cotrustee/cofiduciary noncooperation substantially impairing administration; unfitness, unwillingness, or persistent ineffective administration plus beneficiary-interest finding; substantial change or all-qualified-beneficiary request plus all-beneficiary interests, no material-purpose conflict, and suitable cotrustee/successor (§§ 30-1-151, 35-15-706(b)) |
File petition in probate/chancery court asking permission. Give local legatees/devisees/distributees or agent/attorney five days' notice; for out-of-county recipients court orders publication, courthouse posting, or other reasonable mode. Court settles accounts and may accept resignation in discretion; no consent requirement stated (§ 30-1-112(b)) |
Imported § 35-15-706 states no fixed removal notice/hearing deadline. Pending decision, court may protect property/interests through § 35-15-1001(b), including performance order, injunction, account, special fiduciary, suspension, removal, compensation reduction/denial, act avoidance/lien/constructive trust/tracing, or other relief. Interested person may separately seek bond for waste/likely waste (§§ 30-1-151, -201; 35-15-706(c), -1001(b)) |
Before accepting resignation court causes accounts to be settled; successor receives sufficient administration bond. Court orders departing representative to pay/deliver balance, property, and effects; noncompliance permits execution against representative and sureties after five days' surety notice. Imported remedies allow account and compensation reduction/denial. No removal-specific account deadline stated (§§ 30-1-112 to -113; 35-15-1001(b)) |
Court may appoint new administrator on resignation and must take sufficient bond; new representative inventories received estate within one month. Administrator with will annexed replacing resigned executor has executor's will powers, including sale power. Imported removal relief permits special fiduciary; change-circumstances ground itself requires suitable cotrustee/successor (§§ 30-1-112 to -115; 35-15-706(b)(4), -1001(b)(5)) |
Cited statutes state no special removal appeal, stay, reinstatement, or prior-act rule. Penitentiary sentence operates as removal; ordinary removal follows court order; resignation follows discretionary acceptance, account settlement, successor appointment/bond, and ordered turnover. Surety execution waits five days' notice (§§ 30-1-112 to -113, -151; 40-20-115) |
| Texas verified 2026-08-28 | Texas Estates Code Chapters 361-362 govern resignation, removal, discharge, and succession generally; Chapter 404 separately governs independent-executor removal and succession. Personal representative includes executor, independent executor, administrator, independent administrator, temporary administrator, and successor; probate court means a court exercising probate jurisdiction (§§ 22.007, 22.031) |
Court may remove on own motion; any interested person may move or complain under the applicable route. No surveyed provision gives the surety a removal petition, but the representative and sureties can bear removal costs and successor bond claims (§§ 351.003, 361.051-.052, 361.153; §§ 404.003-.0035) |
General and independent misconduct/disqualification grounds use may. Court shall revoke existing letters for a qualified, unwaived prior-right applicant, for a formerly sick/absent named executor who timely qualifies, or when a will is discovered after administration; a named minor executor has a statutory revocation entitlement on adulthood and qualification (§§ 361.103-.106) |
General routes: qualification failure, late inventory, new-bond failure, 3-month unauthorized absence or move, unavailable service, actual/threatened misapplication, embezzlement or out-of-state removal, account/order failure, gross misconduct, mismanagement, incapacity, penitentiary sentence, other incapability, or no final settlement by third anniversary without sworn sufficient-cause extension (§§ 361.051-.052). Independent route omits several general grounds but adds material conflict (§§ 404.003-.0035) |
Written court application plus complete verified exhibit and final account; hearing and citation to all interested persons, posted unless court orders publication. Court may immediately accept and appoint a successor if necessary, but discharge and surety release wait for final-account disposition, delivery, and compliance (§§ 361.001-.005) |
General § 361.051 and independent § 404.003 allow removal without notice on listed grounds. Noticed routes use court notice by qualified delivery or an interested person's complaint followed by personal-service citation to answer; some own-motion failures require 30 days' written notice. Order states cause, cancels letters, and directs property disposition; no separate suspension power is stated (§§ 361.051-.054; §§ 404.003-.0036) |
Resignation requires final account, lawful handling, and delivery or order compliance before discharge and surety release. Removed representative must deliver property; successor may enforce predecessor-surety liability. Cause removal exposes representative and sureties to removal costs and fees; good-faith independent-executor defense expenses are estate-paid and an unbonded executor's removal-seeker costs may be estate-paid. No surveyed reserve rule (§§ 351.003, 361.001-.005, 361.053, 361.153, 404.0037) |
Remaining co-executor/co-administrator proceeds. Court may appoint a necessary successor on application before final-account action and without citation if immediate appointment is necessary; ordinary further administration uses original-appointment notice/hearing. Successor continues administration except will-specific powers, may pursue predecessor/bond, and has a 91-day inventory duty. Independent continuation generally requires all distributees' application, necessity, best-interest review, and bond unless waived (§§ 307.002, 361.102, 361.152-.155, 404.005) |
A final probate order is generally appealable, and an executor/administrator must give an appeal bond when the appeal personally concerns that fiduciary. Surveyed removal sections state no automatic stay. Only § 361.051(6) removal has a special reinstatement application: file by day 10; after notice and hearing, disproving the conduct by a preponderance requires reinstatement and setting aside the successor. Removal cancels letters; resignation acceptance and discharge are distinct (§§ 32.001, 351.002, 361.002-.005, 361.053-.054) |
| Utah verified 2026-08-28 | Utah Code Title 75, Chapter 3 uses 'personal representative'; §§ 75-3-603 to -618 and -715 govern post-appointment bond protection, restraint, termination, resignation, removal, successor, and special administration in District Court |
Any interested person may petition for removal at any time; a domiciliary personal representative may remove a Utah ancillary representative to install self/nominee unless will says otherwise (§ 75-3-611). No express court-own-motion or surety removal standing. Surety consents to court jurisdiction and statutory notice; successor/other PR/interested person may sue bond (§ 75-3-606) |
No automatic or mandatory removal ground stated. Failure to provide demanded suitable bond within 30 days is 'cause' for removal and successor appointment, not self-executing termination (§ 75-3-605). Death or appointment of a conservator terminates separately (§ 75-3-609) |
Cause exists when removal serves estate's best interest; representative/appointer intentionally misrepresented material appointment facts; representative disregarded court order, became incapable, mismanaged estate, or failed an office duty. Domiciliary ancillary displacement is separate (§ 75-3-611) |
At least 15 days' written notice to known interested persons, then written resignation filed with registrar. Ineffective if no successor application/petition arrives within notice period; always effective only on successor appointment and qualification plus asset delivery. No consent or court-acceptance finding stated (§ 75-3-610(3)) |
Interested-person petition; court fixes hearing time/place; petitioner notifies representative and court-ordered recipients. After receipt, representative acts only to account, correct maladministration, or preserve estate unless court orders otherwise; removal order directs asset disposition. Separate temporary restraining order may protect interests, with hearing within 10 days unless agreed otherwise (§§ 75-3-607, -611) |
Termination preserves pretermination liability and duties to preserve, account for, and deliver assets; terminated PR may protect estate and deliver to successor until restrained (§ 75-3-608). Resignation requires asset delivery; removal order directs disposition (§§ 75-3-610 to -611). Court may release/substitute sureties; no termination-specific compensation rule (§§ 75-3-604, -606) |
Successor appointment follows ordinary informal/formal Parts 3-4; successor substitutes in actions, prior notices/claims remain preserved, and successor inherits former powers/duties unless court orders otherwise (§ 75-3-613). Same power/duty as original except will powers personal to named executor (§ 75-3-715). Special administrator available for protection/proper administration, including emergency no-notice appointment (§§ 75-3-614 to -618) |
Cited termination provisions state no special removal appeal, stay, temporary-on-appeal, or reinstatement rule. Termination ends office power but preserves limited protection/turnover acts and court jurisdiction (§ 75-3-608). Changed-testacy termination occurs on replacement appointment; former PR may request reappointment if no new request within the stated 30-day post-appeal period (§ 75-3-612) |
| Vermont verified 2026-08-28 | 14 V.S.A. §§ 906, 913-917a, 924, 961-966, 1055-1069, and 2104-2107; already-appointed executor or administrator in the Probate Division of the Superior Court. Special administrator is a distinct interim fiduciary; statewide Rules of Probate Procedure supply notice mechanics where the statutes incorporate them |
Section 917 authorizes court regulation/removal when a deficiency appears, without requiring a named petitioner. Surviving spouse, heir, creditor, devisee, legatee, or legal representative may move for additional bond; a surety fearing injury may move for account settlement/new bond and mandatory noncompliance removal. Any interested person may move to add a suitable administrator alongside a survivor. No broader general-removal petitioner class is expressly listed (§§ 915, 917, 2104-2105) |
Court shall remove and fill vacancy if fiduciary fails within court-set time to file sufficient new bond after an insufficiency finding, or fails to settle accounts and give new bond after a surety-danger order. Death terminates appointment. Allowance of a will after intestate letters requires revocation, surrender, ceased powers, and court-directed account (§§ 917a, 924, 2104-2105) |
Court may remove or suspend when a person failed to comply with legally/rule-required procedure, estate is not promptly and properly administered, or fiduciary is incapable or unsuitable to discharge the trust. Section 917 states no separate conflict, beneficiary-request, changed-circumstances, or material-purpose ground; its remedies also include restraint, performance orders, contempt, costs, surcharge, expenses/fees, and losses |
Current statutes recognize resignation but state no general signed-writing, petition, fixed notice period, consent route, or court-acceptance standard. Appointment terminates after resignation only upon successor estate-fiduciary appointment and delivery of assets. Remaining executor/administrator may complete administration unless will says otherwise; if none remains, court may grant letters to another suitable person (§§ 913, 917a) |
Under § 917, court may notify the complaint/omission with a specified cure period or require appearance and answer; notice follows Probate Rules. Court may restrain specified acts, suspend, remove, use contempt, surcharge, shift reasonable expenses/fees or losses, and order other performance relief. Additional-bond motion requires scheduled hearing and rule-based notice; surety motion requires notice/hearing. Special administrator may preserve estate during appointment delay, including will appeal (§§ 917, 961-963, 2104-2105) |
Termination preserves prior liability and duties to preserve, account for, and deliver assets. Bond conditions include one-year and court-required accounts; ordinary accounts are due within one year after letters and annually until settlement. Cited neglect creates bond liability. Surety can compel settlement/new bond and gains discharge when replacement approved; final decree-performance account can discharge representative/surety subject to fraud/manifest error. Necessary expenses and reasonable fees remain available (§§ 906, 917a, 1055-1056, 1065, 2105-2107) |
Remaining executor/administrator ordinarily completes administration; without one, court may grant letters to another suitable person. Interested person may seek a suitable new administrator to serve with survivor. Replacement administrator gets predecessor's settlement and litigation authority; former fiduciary's own representative does not administer first estate. Special administrator protects during delay and delivers immediately when general letters issue. No renewed creditor-notice rule is stated (§§ 913-916, 961-966) |
No special removal appeal, stay, or reinstatement rule appears in surveyed provisions. Resignation termination requires successor appointment and asset delivery; removal terminates on Probate Division order; later-will allowance revokes intestate letters and requires surrender/account. During delay caused by a will appeal or other cause, court may appoint special administrator, and no appeal lies from that appointment. Surety may intervene and appeal account settlement under the ordinary probate-appeal route (§§ 917a, 924, 962, 1068) |
| Virginia verified 2026-08-28 | Va. Code §§ 64.2-1204, -1215 to -1217, -1404, -1410, -1419, -1424 to -1425; qualified personal representative/other fiduciary under circuit court or clerk authority, with commissioner-of-accounts oversight |
Surety/personal representative may apply for new bond; fiduciary may move; clerk or commissioner may report; interested party may adduce evidence. Interested person or infant's next friend may request commissioner investigation before required filing. Successor or interested person may petition for securities transfer (§§ 64.2-1204, -1410, -1425) |
No mandatory general revocation ground. Court may revoke for bond-order noncompliance or whenever cause appears proper; commissioner reports whether estate control is improper because of incapacity, misconduct, removal from Virginia, or other cause. Section 64.2-1410 says may, not shall |
Bond-order default or any cause making revocation proper after reasonable notice; commissioner inquiry specifically covers insufficient bond/security, incapacity, misconduct, removal from Virginia, and any other cause making continued estate control improper (§§ 64.2-1204, -1410) |
Circuit court where qualified may allow personal representative to resign, conditioned on accounts being stated and settled as law prescribes. Section states no resignation form, fixed notice, consent, or good-cause finding; court allowance is required (§ 64.2-1424) |
Reasonable notice to fiduciary is required before revocation, given by reporting commissioner, applying surety/representative, service of rule, or otherwise. Commissioner investigation on interested-person/infant-next-friend request also follows reasonable notice. Court/clerk may order new/additional bond; no removal-specific hearing deadline, suspension, or temporary fiduciary stated (§§ 64.2-1204, -1410) |
Resignation is conditioned on settled accounts and preserves prior acts/liabilities. Removal-specific final-account deadline is not stated; general enforcement uses commissioner lists/summons, and total annual-account failure may forfeit that year's compensation absent good cause. New bond releases former sureties only from later breaches; additional bond leaves former bond in force. Court may compel transfer of predecessor-held securities (§§ 64.2-1216 to -1217, -1424 to -1425; § 49-14) |
After revocation, circuit court shall appoint administrator de bonis non or other fiduciary as if predecessor died. Remaining executors continue will discretionary powers unless will requires all; if all/sole executor leaves, court-appointed administrator with will annexed exercises them unless will makes them personal. No separate transition-priority list or interim appointment in cited provisions (§§ 64.2-1404, -517) |
Cited provisions state no special appeal, stay, or reinstatement rule. Revocation order does not invalidate prior acts; resignation preserves prior acts and liabilities. Successor appointment follows revocation, and court may direct transfer of securities still titled to predecessor (§§ 64.2-1404, -1410, -1424 to -1425) |
| Washington verified 2026-08-28 | RCW 11.28.050, .150, .250-.300; 11.36.010; 11.48.210; 11.96A.030, .040, .080. Title 11 uses personal representative; each county superior court has original estate-administration jurisdiction |
Court may act when it has reason to believe a § 11.28.250 ground exists. For a probate 'matter,' including a change of personal representative, any party with a legal/equitable interest, power, or claim may initiate a judicial proceeding. Court or any interested person may move on the profit-linked mandatory ground. No removal-petition role for the bond surety is stated; successor/remaining representative may later sue sureties (§§ 11.28.250, 11.36.010(5), 11.96A.030, .080, 11.28.300) |
Court must revoke when the representative later becomes of unsound mind or receives an adverse adjudication described in § 11.36.010(1), and must revoke a § 11.28.120(3) appointee shown to be acting for or with a person/entity involved in a major probate-asset transaction. A later-admitted will also requires revocation and replacement letters (§§ 11.36.010(5), 11.28.150) |
After notice/hearing, court may revoke for actual or threatened waste, embezzlement, or mismanagement; actual or threatened estate fraud; incompetence; permanent removal from Washington; wrongful estate neglect; failure to perform representative acts; or any other cause/reason the court finds necessary (§ 11.28.250) |
Sections 11.28.280-.290 recognize that a personal representative may resign, and § 11.28.270 separately refers to surrendered letters, but the cited statewide statutes state no signed form, petition, fixed notice period, beneficiary consent, court-acceptance standard, or estate-jeopardy finding |
Section 11.28.250 requires notice and hearing but leaves notice manner, service, and hearing time wholly to court discretion; proceeding may be heard in court or chambers and order must enter in minutes. TEDRA permits any party to initiate a judicial proceeding over a change of representative. Court may require/add/reduce bond or substitute security, but cited provisions state no removal-specific show-cause deadline, suspension, or temporary representative (§§ 11.28.250-.260, 11.28.185, 11.96A.030, .080) |
Resigning/removed representative or estate must account, pay, and deliver all estate money, property, rights, records, and papers to successor/remaining representatives at the court-ordered time and manner on final settlement. Successor/remaining representative may sue former representative, representatives, sureties, or property holder. Court may reduce/deny compensation for any duty failure; court may alter bond/security after appointment (§§ 11.28.185, .290-.300, 11.48.210) |
Remaining representatives perform all duties unless will/court says otherwise. Otherwise successor letters go to those who would have received them had original letters not issued or the first representative renounced; successor has like duties/liabilities and may seek nonintervention powers. Section 11.28.250 requires immediate replacement after discretionary revocation; remaining executors retain all will acts (§§ 11.28.050, .250, .270-.280) |
Cited provisions state no special appeal, stay, reinstatement, or prior-act rule. A § 11.28.250 revocation ends powers at once and requires immediate replacement. Other transition triggers are resignation, surrender/revocation of letters, death, or disqualification; account and turnover follow on court-ordered final settlement (§§ 11.28.250, .270-.290) |
| West Virginia verified 2026-08-28 | W. Va. Code ch. 44 uses executor, administrator, personal representative, and fiduciary for an already-appointed decedent-estate representative. The appointing county commission handles resignation, revocation, delinquency removal, and successor appointment; circuit court handles statutory appeals, compliance petitions, and compelled successor transfers (§§ 44-2-19a, 44-3A-24, 44-5-5 to -8, and 44-7-1 to -3) |
Any interested party may adduce revocation evidence (§ 44-5-5), and any interested person may request a fiduciary-commissioner inquiry into security, incapacity, misconduct, removal from state, or other cause (§ 44-4-5). Clerk/commissioner reports also support action. A surety or surety's personal representative may apply for a mandatory new-bond order. Delinquency removal begins from semiannual official reports; personal representative or interested person may object, and clerk/supervisor and fiduciary commissioners have express own-motion circuit-court compliance authority (§§ 44-2-19a and 44-3A-24) |
Nonresident representative who fails or refuses a required accounting for six months after its due date shall be removed (§ 44-5-3(f)); at two months removal is discretionary. When a later will is admitted, or an eligible distributee replaces a creditor or nondistributee administrator after reasonable notice, the former grant ceases when the new grant issues (§ 44-1-6). New-bond noncompliance and delinquency do not otherwise make final removal mandatory because §§ 44-5-5, 44-2-19a, and 44-3A-24 preserve commission discretion |
Commission may revoke after failure to obey an additional/new-bond order or whenever from any cause revocation appears proper (§ 44-5-5). Interested-person inquiry expressly reaches incapacity, misconduct, removal from West Virginia, inadequate security, and any other cause making continued control improper (§ 44-4-5). Nonresident accounting failure lasting two months permits removal (§ 44-5-3(f)). Semiannual routes cover delinquent required filings and estates open over three years with no or unsatisfactory progress during the preceding 12 months; commission may approve, modify, or refuse proposed removal (§§ 44-2-19a and 44-3A-24) |
Personal representative petitions appointing county commission and identifies known interested persons, disabilities, nonresidents, unknown parties, and guardians/committees (§ 44-7-1). Clerk summons named and unknown parties for a return day at least 30 days after filing; out-of-state, unfindable, and unknown parties receive statutory publication. Representative serves designated fiduciary commissioner with petition and summons at least 10 days before return (§ 44-7-2). Commission may accept and record resignation after hearing when objections and accounts are resolved and property-protection orders obeyed (§ 44-7-3); no consent substitute |
General § 44-5-5 revocation requires reasonable notice but states no fixed petition form, hearing deadline, or interim suspension. Delinquency route mandates mailed show-cause order; representative gets 30 days to cure or file verified good cause. Default or insufficient cause triggers notice of a hearing 30 days later plus Class I-0 publication; representative or interested person may object, and commission hears the proposed removal (§§ 44-2-19a(c) and 44-3A-24(c)). Clerk/supervisor and fiduciary commissioners may petition circuit court to compel compliance. No express temporary representative or pre-order suspension appears in these provisions |
Resignation review checks all due inventories, appraisements, and accounts; commission may order disposition and safekeeping of controlled property, and acceptance leaves sureties liable for unsettled defaults (§§ 44-7-2 to -3). Successor must give sufficient bond for added assets; delivery releases former representative only for delivered assets, not earlier breach, and successor/interested person may seek circuit-court transfer (§§ 44-1-16 and 44-5-8). Annual-account failure may forfeit that year's compensation unless commission or circuit court allows it (§ 44-4-7) |
After death, resignation, or removal of sole surviving executor or administrator, administration de bonis non may be granted; for intestacy the court appoints a person it finds proper (§ 44-1-9). After revocation, county commission may appoint an administrator de bonis non or exercise authority as if fiduciary died (§ 44-5-6). Qualified successor with sufficient bond may demand, receive, recover, and administer predecessor-held assets (§ 44-1-16), and circuit court may compel transfer (§ 44-5-8). No special interim-fiduciary priority or renewed creditor-notice rule appears in these transition provisions |
Personal representative or interested party may appeal a delinquency-removal decision to county circuit court on the existing clerk/supervisor and commission record (§§ 44-2-19a(c)(4) and 44-3A-24(c)(4)). Those provisions state no special stay, temporary-on-appeal appointment, or reinstatement. Revocation operates from the order's date and does not invalidate prior acts (§§ 44-5-5 to -6); resignation operates when accepted and entered of record after required compliance (§ 44-7-3) |
| Wisconsin verified 2026-08-28 | Wis. Stat. §§ 851.04, 857.05, .09, .13, .15, .17, .19, .21, .23; personal representative after letters in circuit court or judge assigned probate jurisdiction |
Removal/show cause: court own motion or petition of any interested person. For overdue acts/documents, order goes to representative and attorney and is mailed to bond sureties; surety has no express petition standing (§§ 857.09, .15) |
Shall remove after adjudicated incompetence, disqualification, unsuitability, incapability of duty, or nonresident status without filed resident agent; shall also remove and powers cease when a later will is proved and allowed (§§ 857.15, .19) |
May remove for failure of any duty imposed by law or lawful court order, or after representative ceases Wisconsin residence. Under overdue-act/document procedure, court determines fault and may dismiss representative; sole representative fault permits summary dismissal (§§ 857.09, .15) |
Judge may accept representative's written resignation. Chapter 857 states no fixed notice period, recipient list, consent requirement, or acceptance finding; acceptance is required (§§ 857.13, .15, .21) |
Court orders representative to appear and show cause when removal grounds appear. Separate overdue-act/document route orders representative and attorney to show cause, mails sureties, determines fault, and may dismiss representative and/or attorney. No fixed deadline, beneficiary notice list, suspension, or temporary appointment stated (§§ 857.09, .15) |
Surveyed departure provisions state no special final-account/turnover deadline, continuing-liability rule, or bond-release rule. Court may compel overdue acts/documents and mails bond sureties; dereliction permits reduced or denied compensation; lawful prior acts remain valid (§§ 857.05(2), .09, .17) |
Court may appoint another after death, removal, or accepted resignation and shall do so if sole/last representative leaves unfinished administration. Remaining corepresentatives keep powers unless will says otherwise. Successor inherits predecessor's rights/powers except will powers made personal; no special successor priority or renewed notice stated (§§ 857.13, .21, .23) |
Cited provisions state no special appeal, stay, or reinstatement rule. Written resignation requires judicial acceptance; later-will removal ends powers; prior official acts survive resignation, death, or removal (§§ 857.15, .17, .19, .21) |
| Wyoming verified 2026-08-28 | W.S. §§ 2-2-101, 2-3-101 to -138, 2-4-201 to -211, 2-6-208, 2-7-301 to -307, 2-7-801 to -812; already-appointed personal representative—executor, administrator, successor, or special administrator—in district court. Court commissioner and clerk have specified suspension/bond functions |
Court, commissioner, or clerk must suspend on own knowledge or credible information of listed misconduct. At removal hearing any interested person or charging officer may file written allegations. Interested person may verified-petition over insufficient bond or affidavit-petition over account default/nonresidence; surety may seek future release/new security. Listed closer-priority relatives may seek revocation of outsider's intestate letters. No single exclusive petitioner class governs all tracks (§§ 2-3-113, -117 to -120, -127 to -138) |
Letters/authority must be revoked for failure to obey further-security order or replace surety, later proof of will after intestate letters, failure to appear after misconduct suspension, or a satisfied cause finding after that suspension. Established competent prior claimant requires former letters revoked. Initial listed misconduct requires suspension pending investigation. These commands are distinct from discretionary resignation-delay and account-default routes (§§ 2-3-116, -120 to -121, -127 to -128, -132 to -134) |
Mandatory-suspension/cause menu: wasted, embezzled, or mismanaged estate property; imminent waste/embezzlement; committed or imminent estate fraud; incompetence; permanent removal from state; wrongful estate neglect; or long neglect of a representative act. Separately, court may revoke before resignation settlement/turnover when delay or other cause and estate circumstances/interested rights require; may remove after finding account default/out-of-state removal; and may use removal for unapproved failure to close within one year (§§ 2-3-125, -127 to -138, 2-7-801) |
Personal representative may resign at any time by writing filed in district court, but first must settle accounts and deliver the entire estate to the appointed recipient. No fixed resignation notice, beneficiary consent, or express acceptance standard is stated. If delay in settlement/delivery or other cause puts estate circumstances/interested rights at issue, court may revoke letters early and appoint special/general replacement. Discharge cuts off future acts/liability but preserves pre-discharge bond liability (§ 2-3-125) |
Misconduct route begins with mandatory suspension, then citation to show cause; interested person/officer may file written allegations, representative may answer, and court decides after hearing. Publication is available for absconded/absent representative; court may compel attendance/answers by attachment/commitment and revoke for refusal. Bond route uses verified petition, personal citation at least 5 days before return, proofs, and at least 5 days for new security. Account-default route uses affidavit, noticed summary hearing including heirs/bondsmen. Special administrator is appointed without notice after suspension/removal to preserve estate (§§ 2-3-112 to -120, -127 to -138, 2-7-301 to -305) |
Resignation requires prior account settlement and full delivery; discharge/release ends future responsibility but not earlier bond liability. Later-will revocation requires directed account. Surety may obtain future-act release after replacement security; insufficient-security default revokes letters. Final account is under oath when estate closes. Representative fees require court order, and only one ordinary-services total is apportioned among cofiduciaries/successors. Final discharge/bond release waits for taxes and distribution requirements (§§ 2-3-118 to -125, 2-7-805, -811 to -812) |
Remaining representatives complete administration if one departs; if all die/become incapable/lose authority, new letters issue in original preference/order, with equivalent bond and authority. Misconduct revocation grants administration anew; priority claimant replaces outsider when right proved. District court shall appoint special administrator after death/suspension/removal or other delay, without notice, preferring person entitled to letters; special authority ends with general letters and immediate delivery. No renewed creditor notice is stated (§§ 2-3-122 to -124, -128, -134, 2-4-201 to -202, 2-6-208, 2-7-301 to -307) |
No special removal appeal, stay, or reinstatement rule appears in the surveyed removal provisions. Acts before revocation remain valid. Resignation follows filed writing only after settlement/delivery; discharge ends future liability. Special-administrator appointment during suspension/removal is expressly nonappealable and ends upon general letters and turnover. Later-will revocation immediately ends administrator power, while replacement representative takes unadministered estate rights (§§ 2-3-121 to -126, 2-7-303, -306) |
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