(a) If a personal representative or temporary administrator commits a breach of fiduciary duty or threatens to commit a breach of fiduciary duty, a beneficiary of a testate estate or heir of an intestate estate shall have a cause of action:
(1) To recover damages;
(2) To compel the performance of the personal representative's or temporary administrator's duties;
(3) To enjoin the commission of a breach of fiduciary duty;
(4) To compel the redress of a breach of fiduciary duty by payment of money or otherwise;
(5) To appoint another personal representative or temporary administrator to take possession of the estate property and administer the estate;
(6) To remove the personal representative or temporary administrator; and
(7) To reduce or deny compensation to the personal representative or temporary administrator.
(b) When estate assets are misapplied and can be traced in the hands of persons affected with notice of misapplication, a trust shall attach to the assets.
(c) The provision of remedies for breach of fiduciary duty by this Code section does not prevent resort to any other appropriate remedy provided by statute or common law.
Section: Previous 53-7-50 53-7-51 53-7-52 53-7-53 53-7-54 53-7-55 53-7-56 NextLast modified: October 14, 2016