Section 8500 Of Article 6. Removal From Office From California Probate Code >> Division 7. >> Part 2. >> Chapter 4. >> Article 6.
8500
. (a) Any interested person may petition for removal of the
personal representative from office. A petition for removal may be
combined with a petition for appointment of a successor personal
representative under Article 7 (commencing with Section 8520). The
petition shall state facts showing cause for removal.
(b) On a petition for removal, or if the court otherwise has
reason to believe from the court's own knowledge or from other
credible information, whether on the settlement of an account or
otherwise, that there are grounds for removal, the court shall issue
a citation to the personal representative to appear and show cause
why the personal representative should not be removed. The court may
suspend the powers of the personal representative and may make such
orders as are necessary to deal with the property pending the
hearing.
(c) Any interested person may appear at the hearing and file a
written declaration showing that the personal representative should
be removed or retained. The personal representative may demur to or
answer the declaration. The court may compel the attendance of the
personal representative and may compel the personal representative to
answer questions, on oath, concerning the administration of the
estate. Failure to attend or answer is cause for removal of the
personal representative from office.
(d) The issues shall be heard and determined by the court. If the
court is satisfied from the evidence that the citation has been duly
served and cause for removal exists, the court shall remove the
personal representative from office.