Mont. Code Ann. » TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS · CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION · Part 5. Personal Representative Appointment Priorities, Bond, and Termination
Montana Code Annotated

Mont. Code Ann. § 72-3-526 (2026)

Termination Of Appointment -- Removal For Cause

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 72
  3. CHAPTER 3
  4. Part 5
  5. 72-3-526 Termination of appointment -- removal for cause

TITLE 72. ESTATES, TRUSTS, AND FIDUCIARY RELATIONSHIPS

CHAPTER 3. UPC -- PROBATE AND ADMINISTRATION

Part 5. Personal Representative Appointment Priorities, Bond, and Termination

Termination Of Appointment -- Removal For Cause

72-3-526. Termination of appointment -- removal for cause. (1) 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 must 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 72-3-617, after receipt of notice of removal proceedings, the personal representative may 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.

(2) Cause for removal exists:

(a) when removal would be in the best interests of the estate; or

(b) if it is shown that a personal representative or the person seeking the personal representative's appointment intentionally misrepresented material facts in the proceedings leading to the 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.

(3) Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile, incident to securing self-appointment or appointment of the personal representative's nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in this state to administer local assets.

History: En. 91A-3-611 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-3-611; amd. Sec. 2345, Ch. 56, L. 2009.

Notes of Decisions
Cited in 28 cases (4 in the last 5 years), 1982–2023 · leading case: In Re the Est. of Hannum, 2012 MT 171 (Mont. 2012).
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In Re the Est. of Hannum, 2012 MT 171 (Mont. 2012). · cites it 9× “” Section 72-3-526(2), MCA (emphasis added).”
In Re the Est. of Anderson-Feeley, 2007 MT 354 (Mont. 2007). · cites it 8× “¶9 A personal representative may be removed for cause in certain situations under § 72-3-526, MCA, which provides in pertinent part: 72-3-526.”
In Re the Est. of Kuralt, 2001 MT 153 (Mont. 2001). · cites it 6× “" Section 72-3-526(3), MCA. ¶ 15 However, Bowers and White's statutory priority for appointment does not end the matter.”
In Re the Est. of Greenheck, 2001 MT 114 (Mont. 2001). · cites it 7× “¶18 In response, the Sisters argue that the District Court was justified in its removal of Robert because he refused to sign tax returns, broke *313 into Lois' house and removed property without the knowledge or permission of the other co-representatives, and failed to comply…”
Matter of Est. of Counts, 704 P.2d 1052 (Mont. 1985). · cites it 9× “Does Section 72-3-526, MCA, require a hearing on every petition for removal of a personal representative? II.”
Matter of Est. of Peterson, 874 P.2d 1230 (Mont. 1994). · cites it 6× “A personal representative may be removed for cause in certain situations under § 72-3-526, MCA, which provides in pertinent part: 72-3-526.”
Stoican v. Wagner, 2015 MT 54 (Mont. 2015). · cites it 42× “Citing 4 § 72-3-526, MCA, the sole grounds upon which they based this motion were conflicts of interest the Wagners allegedly had with the Estate.”
In Re the Est. of Robbin, 747 P.2d 869 (Mont. 1987). · cites it 9× “The statute governing the removal of a personal representative for cause is Section 72-3-526, MCA, which states in part: “(1) A person interested in the estate may petition for removal of a personal representative for cause at any time.”
Matter of Est. of Wooten, 643 P.2d 1196 (Mont. 1982). · cites it 3× “The removal of a personal representative for cause is governed by section 72-3-526, MCA. Within the bounds of the statute a trial judge should be given broad discretion as to the grounds upon which he may remove a personal representative, but the grounds must be valid and…”
Hanson v. Est. of Bjerke, 2004 MT 200 (Mont. 2004). · cites it 3× “Section 72-3-526(2), MCA. ¶14 Hanson claims that personal representative Darrel Tade, contrary to the express terms of the will, distributed $150,000 to SAFI.”
In Re the Est. of Bennett, 2013 MT 228 (Mont. 2013). · cites it 14× “A personal representative may be removed for cause under § 72-3-526, MCA, and “cause” includes anything that is in the best interests of the estate.”
Est. of Elliot, 2022 MT 91N (Mont. 2022). · cites it 11× “” The District Court issued a Findings of Fact, Conclusion of Law, and Order on June 10, 2021 (“June 2021 Order”), and concluded there existed “no cause for removing Womack as the Special Administrator of the Estate [] under § 72-3-526, MCA.” The District Court found good reason…”
Show all 28 citing cases →
— Mont. Code Ann. § 72-3-526(1) — 8 cases
Matter of Est. of Counts, 704 P.2d 1052 (Mont. 1985). “Does Section 72-3-526, MCA, require a hearing on every petition for removal of a personal representative? II.”
Stoican v. Wagner, 2015 MT 54 (Mont. 2015). “Citing 4 § 72-3-526, MCA, the sole grounds upon which they based this motion were conflicts of interest the Wagners allegedly had with the Estate.”
O'Neil v. Fox, 2023 MT 77N (Mont. 2023).
Stoican v. Wagner, 2015 MT 54 (Mont. 2015).
Stoican v. Wagner, 2015 MT 54 (Mont. 2015).
— Mont. Code Ann. § 72-3-526(2) — 10 cases
In Re the Est. of Hannum, 2012 MT 171 (Mont. 2012). “” Section 72-3-526(2), MCA (emphasis added).”
Hanson v. Est. of Bjerke, 2004 MT 200 (Mont. 2004). “Section 72-3-526(2), MCA. ¶14 Hanson claims that personal representative Darrel Tade, contrary to the express terms of the will, distributed $150,000 to SAFI.”
Stoican v. Wagner, 2015 MT 54 (Mont. 2015). “Citing 4 § 72-3-526, MCA, the sole grounds upon which they based this motion were conflicts of interest the Wagners allegedly had with the Estate.”
In Re Est. of Haagenson, 952 P.2d 1385 (Mont. 1997).
Est. of Elliot, 2022 MT 91N (Mont. 2022). “” The District Court issued a Findings of Fact, Conclusion of Law, and Order on June 10, 2021 (“June 2021 Order”), and concluded there existed “no cause for removing Womack as the Special Administrator of the Estate [] under § 72-3-526, MCA.” The District Court found good reason…”
— Mont. Code Ann. § 72-3-526(2)(a) — 7 cases
Est. of Nelson v. Robbins, 794 P.2d 677 (Mont. 1990).
In Re the Est. of Greenheck, 2001 MT 114 (Mont. 2001). “¶18 In response, the Sisters argue that the District Court was justified in its removal of Robert because he refused to sign tax returns, broke *313 into Lois' house and removed property without the knowledge or permission of the other co-representatives, and failed to comply…”
In Re the Est. of Bennett, 2013 MT 228 (Mont. 2013). “A personal representative may be removed for cause under § 72-3-526, MCA, and “cause” includes anything that is in the best interests of the estate.”
Matter of Est. of Stone, 727 P.2d 508 (Mont. 1986).
In Re the Est. of Lehner, 714 P.2d 130 (Mont. 1986).
— Mont. Code Ann. § 72-3-526(2)(b) — 1 case
In Re the Est. of Hannum, 2012 MT 171 (Mont. 2012). “” Section 72-3-526(2), MCA (emphasis added).”
— Mont. Code Ann. § 72-3-526(3) — 1 case
In Re the Est. of Kuralt, 2001 MT 153 (Mont. 2001). “" Section 72-3-526(3), MCA. ¶ 15 However, Bowers and White's statutory priority for appointment does not end the matter.”
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