§3-611. Termination of appointment by removal; cause; procedure
1. Petition for removal of personal representative. A person interested in the estate may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice must be given by the petitioner to the personal representative and to other persons as the court may order. Except as otherwise ordered as provided in section 3-607, after receipt of notice of removal proceedings, the personal representative may not act except to account, to correct maladministration or to preserve the estate. 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.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
2. Grounds for removal. Cause for removal exists when removal would be in the best interests of the estate or if it is shown that a personal representative or the person seeking the personal representative's appointment intentionally misrepresented material facts in the proceedings leading to the appointment or that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of the office, has mismanaged the estate or has 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 appointment as ancillary personal representative or the appointment of a nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in this State to administer local assets.
[PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).]
SECTION HISTORY
PL 2017, c. 402, Pt. A, §2 (NEW). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).
Structure Maine Revised Statutes
Article 3: PROBATE OF WILLS AND ADMINISTRATION
Part 6: PERSONAL REPRESENTATIVE: APPOINTMENT, CONTROL AND TERMINATION OF AUTHORITY
18-C §3-602. Acceptance of appointment; consent to jurisdiction
18-C §3-603. Bond not required without court order; exceptions
18-C §3-604. Bond amount; security; procedure; reduction
18-C §3-605. Demand for bond by interested person
18-C §3-606. Terms and conditions of bonds
18-C §3-607. Order restraining personal representative
18-C §3-608. Termination of appointment; general
18-C §3-609. Termination of appointment; death or disability
18-C §3-610. Termination of appointment; voluntary
18-C §3-611. Termination of appointment by removal; cause; procedure
18-C §3-612. Termination of appointment; change of testacy status
18-C §3-613. Successor personal representative
18-C §3-614. Special administrator; appointment
18-C §3-615. Special administrator; who may be appointed
18-C §3-616. Special administrator; appointed informally; powers and duties
18-C §3-617. Special administrator; formal proceedings; power and duties
18-C §3-618. Termination of appointment; special administrator