Section 3-611 Termination of appointment by removal; cause; procedure - Massachusetts Statutes

[Text of section added by 2008, 521, Sec. 9 effective July 1, 2011. See 2008, 521, Sec. 44.]

Section 3-611. [Termination of Appointment by Removal; Cause; Procedure. ]

(a) A person interested in the estate may petition for removal of a personal representative for cause at any time. Notice shall be given in the manner prescribed by section 1-401 by the petitioner to the personal representative, and to other persons as the court may order. The court may suspend the personal representative’s authority in any manner during the pendency of the proceeding. If removal is ordered, the court also shall direct by order the disposition of the assets remaining in the name of, or under the control of, the personal representative being removed.

(b) Cause for removal exists if it is shown that a personal representative, or the person seeking appointment, intentionally misrepresented material facts in the proceedings leading to appointment, or that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of the office, or has mismanaged the estate or failed to perform any duty pertaining to the office. Unless the decedent’s will directs otherwise, a personal representative appointed at the decedent’s domicile, incident to securing his appointment or his nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in the commonwealth to administer local assets.