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- Alaska Statutes.
- Title 13. Decedents' Estates, Guardianships, Transfers, and Trusts.
- Chapter 16. Probate of Wills and Administration
- Section 295. Termination of Appointment By Removal; Cause; Procedure.
previous: Section 290
. Termination of Appointment; Voluntary.
next: Section 300
. Termination of Appointment; Change of Testacy Status.
AS 13.16.295. 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
, 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 would be in the best interests of the estate, or if it is shown that a personal
representative or the person seeking appointment intentionally misrepresented material facts in the proceedings leading
to 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 either personally or for a nominee as ancillary personal representative, may obtain
removal of another who was appointed personal representative in this state to administer local assets.
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