There may come a point where the personal representative needs to be removed. There could be many reasons, like mismanagement of the estate or disregarding court orders. In cases like these, it’s why the Petition for Removal of Personal Representative exists. This is a State Court Administrative Office form, which can be found by clicking here.
Most of these State Court Administrative Office forms are associated with Michigan Court Rules and statutes. The Petition for Removal of Personal Representative form is no different.
The Petition for Removal of Personal Representative form is associated with MCL 700.1309, which states:
Upon reliable information received from an interested person, county or state official, or other informed source, including the court’s files, the court may enter an order in a proceeding to do either or both of the following:
(a) Appoint a special fiduciary to perform specified duties.
(b) Enjoin a person subject to the court’s jurisdiction from conduct that presents an immediate risk of waste, unnecessary dissipation of an estate’s or trust’s property, or jeopardy to an interested person’s interest. Under this subdivision, the court shall not enjoin a respondent in a proceeding to appoint a guardian or conservator or enjoin a ward or protected individual. An enjoined person shall be given a prompt hearing, if requested, to show cause why the order should be terminated.
In addition to this statute, the Petition for Removal of Personal Representative form is associated with MCL 700.3609, MCL 700.3610, MCL 700.3611, MCL 700.3614(a) and MCR 5.204. These are accessible by clicking on the MCL or MCR number. To help you understand this form better, Darren Findling of The Probate Pro covers everything you’ll need to know in this video.
Like Darren, we’re ready to help you understand all things related to probate. So, if you have any probate related questions, don’t hesitate to give The Probate Pro a call today at (833) PROBATE. Our legal family is ready to help you.
