Even when the cause for removal seems clear, removing a personal representative is not a simple process. Hence, the procedure to remove a personal representative is outlined in the California probate code. Furthermore, an experienced San Diego probate attorney can provide guidance.
Procedures for removing a personal representative in California:
- Any person who is an “interested person” in the estate can file a petition for removal of a personal representative.
- The petition for removal may be accompanied by a petition for appointment of a successor personal representative.
- The petition must list the cause for removal and supporting facts.
- Even absent a petition for removal, the court can remove a personal representative if it has reason to believe from its own knowledge or from other credible information that there are grounds for doing so.
- Before removing the personal representative, the court will issue a citation ordering him or her to appear.
- Before the hearing, the court may suspend the personal representative’s powers.
- Interested persons can appear at the hearing and file a written declaration.
- The personal representative can answer to the declaration.
- The court can order the personal representative to answer questions under oath.
- If the personal representative does not appear or refuses to answer such questions, this is cause for removal.
- Finally, the court will make the decision to remove personal representative or not.
To learn more about the process of bringing a claim against a personal representative, contact an experienced San Diego probate litigation attorney today. Call the Grossman Law Firm at (888) 443-6590.
AttorneyThe Grossman Law Firm, APC · 525 B Street, Suite 1500, San Diego, CA 92101 · (951) 523-8307