Utah § 75-3-611 Termination of appointment by removal -- Cause -- Procedure.

Utah Statutes

§ 75-3-611 — Termination of appointment by removal -- Cause -- Procedure.

Utah § 75-3-611

Title 75Utah Uniform Probate Code

Ch. 75-3Probate of Wills and Administration

Part 75-3-6Personal Representative - Appointment, Control, and Termination of Authority

This text of Utah § 75-3-611 (Termination of appointment by removal -- Cause -- Procedure.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 75-3-611 (2026).

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 75-3-607, after receipt of notice of removal proceedings, the personal representative shall not act except to account, 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:

(2)(a) When removal would be in the best interest of t

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(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 75-3-607, after receipt of notice of removal proceedings, the personal representative shall not act except to account, 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:

(2)(a) When removal would be in the best interest of the estate.
(2)(b) If it is shown that a personal representative or the person seeking his appointment intentionally misrepresented material facts in the proceedings leading to his appointment.
(2)(c) If it is shown that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of his office, has mismanaged the estate, or failed to perform any duty pertaining to the office.
(3) Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile, incident to securing appointment of himself or his nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in this state to administer local assets.