SECTIONS 8500-8505 - California Statutes

PROBATE CODE

SECTION 8500-8505

8500. (a) Any interested person may petition for removal of the
personal representative from office. A petition for removal may be
combined with a petition for appointment of a successor personal
representative under Article 7 (commencing with Section 8520). The
petition shall state facts showing cause for removal.
(b) On a petition for removal, or if the court otherwise has
reason to believe from the court's own knowledge or from other
credible information, whether on the settlement of an account or
otherwise, that there are grounds for removal, the court shall issue
a citation to the personal representative to appear and show cause
why the personal representative should not be removed. The court may
suspend the powers of the personal representative and may make such
orders as are necessary to deal with the property pending the
hearing.
(c) Any interested person may appear at the hearing and file a
written declaration showing that the personal representative should
be removed or retained. The personal representative may demur to or
answer the declaration. The court may compel the attendance of the
personal representative and may compel the personal representative to
answer questions, on oath, concerning the administration of the
estate. Failure to attend or answer is cause for removal of the
personal representative from office.
(d) The issues shall be heard and determined by the court. If the
court is satisfied from the evidence that the citation has been duly
served and cause for removal exists, the court shall remove the
personal representative from office.

8501. On removal of a personal representative from office, the
court shall revoke any letters issued to the personal representative,
and the authority of the personal representative ceases.

8502. A personal representative may be removed from office for any
of the following causes:
(a) The personal representative has wasted, embezzled, mismanaged,
or committed a fraud on the estate, or is about to do so.
(b) The personal representative is incapable of properly executing
the duties of the office or is otherwise not qualified for
appointment as personal representative.
(c) The personal representative has wrongfully neglected the
estate, or has long neglected to perform any act as personal
representative.
(d) Removal is otherwise necessary for protection of the estate or
interested persons.
(e) Any other cause provided by statute.

8503. (a) Subject to subdivision (b), an administrator may be
removed from office on the petition of the surviving spouse or a
relative of the decedent entitled to succeed to all or part of the
estate, or the nominee of the surviving spouse or relative, if such
person is higher in priority than the administrator.
(b) The court in its discretion may refuse to grant the petition:
(1) Where the petition is by a person or the nominee of a person
who had actual notice of the proceeding in which the administrator
was appointed and an opportunity to contest the appointment.
(2) Where to do so would be contrary to the sound administration
of the estate.

8504. (a) After appointment of an administrator on the ground of
intestacy, the personal representative shall be removed from office
on the later admission to probate of a will.
(b) After appointment of an executor or administrator with the
will annexed, the personal representative shall be removed from
office on admission to probate of a later will.

8505. (a) A personal representative may be removed from office if
the personal representative is found in contempt for disobeying an
order of the court.
(b) Notwithstanding any other provision of this article, a
personal representative may be removed from office under this section
by a court order reciting the facts and without further showing or
notice.