Removal of personal representatives; prior acts
Sec. 6. When the personal representative becomes incapacitated
(unless the incapacity is caused only by a physical illness, infirmity,
or impairment), disqualified, unsuitable or incapable of discharging
the representative's duties, has mismanaged the estate, failed to
perform any duty imposed by law or by any lawful order of the court,
or has ceased to be domiciled in Indiana, the court may remove the
representative as provided:
(a) The court on its own motion may, or on petition of any
person interested in the estate shall, order the representative to
appear and show cause why the representative should not be
removed. Such order shall set forth in substance the alleged
grounds upon which such removal is based, the time and place
of the hearing, and may be served upon the personal
representative in the same manner as a notice is served under
this article.
(b) The court may without motion, petition or application, for
any such cause, in cases of emergency, remove such personal
representative instantly without notice or citation.
The removal of a personal representative after letters are duly issued
does not invalidate official acts performed prior to removal.
(Formerly: Acts 1953, c.112, s.1006.) As amended by Acts 1982,
P.L.171, SEC.28; P.L.33-1989, SEC.40.
Last modified: May 27, 2006