(a) (1) When the personal representative becomes mentally incompetent, disqualified, unsuitable, or incapable of discharging his or her trust, has mismanaged the estate, has failed to perform any duty imposed by law or by any lawful order of the court, or has ceased to be a resident of the state without filing the authorization of an agent to accept service as provided by ยง 28-48-101(b)(6), then the court may remove him or her.
(2) The court on its own motion may, or on the petition of an interested person shall, order the personal representative to appear and show cause why he or she should not be removed.
(b) The removal of a personal representative after letters have been duly issued to him or her does not invalidate his or her official acts performed prior to removal.
Section: Previous 28-48-102 28-48-103 28-48-104 28-48-105 28-48-106 28-48-107 28-48-108 28-48-109 NextLast modified: November 15, 2016