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524.3-611 TERMINATION OF APPOINTMENT BY REMOVAL; CAUSE; PROCEDURE.
(a) 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 524.3-607, 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.
(b) Cause for removal exists when removal is 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
appointment, or that the personal representative has disregarded an order of the court, has become
incapable of discharging the duties of office, or has mismanaged the estate or failed to perform
any duty pertaining to the office. In determining the best interests of the estate, the personal
representative's compensation and fees, and administrative expenses, shall also be considered.
Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's
domicile, incident to securing personal appointment or the appointment of a nominee as
ancillary personal representative, may obtain removal of another who was appointed personal
representative in this state to administer local assets.
History: 1974 c 442 art 3 s 524.3-611; 1979 c 137 s 2; 1986 c 444

Official Publication of the State of Minnesota
Revisor of Statutes