§ 30.1-17-11 — (3-611) Termination of appointment by removal - Cause - Procedure

North Dakota § 30.1-17-11

• Jurisdiction: North Dakota
• Title 30.1: Uniform Probate Code
• Ch. 30.1-17: Personal Representative - Appointment, Control, and Termination

Text

1. 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 shall 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 30.1-17-07, after receipt of notice of removal proceedings, the personal
representative shall not act except to account, to correct maladministration or 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.
2. 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 personal representative's 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
appointment of the personal representative or the personal representative's nominee
as ancillary personal representative, may obtain removal of another who was
appointed personal representative in this state to administer local assets.