Section 8924 Of Article 2. Designation And Removal Of Probate Referee From California Probate Code >> Division 7. >> Part 3. >> Chapter 3. >> Article 2.
8924
. (a) The court shall remove the designated probate referee in
any of the following circumstances:
(1) The personal representative shows cause, including
incompetence or undue delay in making the appraisal, that in the
opinion of the court warrants removal of the probate referee. The
showing shall be made at a hearing on petition of the personal
representative. The personal representative shall mail notice of the
hearing on the petition to the probate referee at least 15 days
before the date set for the hearing.
(2) The personal representative has the right to remove the first
probate referee who is designated by the court. No cause need be
shown for removal under this paragraph. The personal representative
may exercise the right at any time before the personal representative
delivers the inventory to the probate referee. The personal
representative shall exercise the right by filing an affidavit or
declaration under penalty of perjury with the court and mailing a
copy to the probate referee. Thereupon, the court shall remove the
probate referee without any further act or proof.
(3) Any other cause provided by statute.
(b) Upon removal of the probate referee, the court shall designate
another probate referee in the manner prescribed in Section 8920.