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palegis.us.
§ 3183. Procedure for and effect of removal.
The court on its own motion may, and on the petition of any party in interest alleging
adequate grounds for removal shall, order the personal representative to appear and
show cause why he should not be removed, or, when necessary to protect the rights
of creditors or parties in interest, may summarily remove him. Upon removal, the court
may direct the grant of new letters testamentary or of administration by the register
to the person entitled and may, by summary attachment of the person or other appropriate
orders, provide for the security and delivery of the assets of the estate, together
with all books, accounts and papers relating thereto. Any personal representative
summarily removed under the provisions of this section may apply, by petition, to
have the decree of removal vacated and to be reinstated, and, if the court shall vacate
the decree of removal and reinstate him, it shall thereupon make any orders which
may be appropriate to accomplish the reinstatement.
Cross References. Section 3183 is referred to in sections 5131, 5515, 7766 of this title.
Notes of Decisions
In Re: Trust of Holdship, M., 288 A.3d 919, 2023 PA Super 11 (Pa. Super. Ct. 2023).
· cites it 2× “” 20 Pa.C.S. § 3183 (emphasis added); 20 Pa.”
In Re Est. of Miller, 18 A.3d 1163 (Pa. Super. Ct. 2011).
“” See 20 Pa.C.S. §§ 3183, 7766, 7767. We conclude that within the Co-Executor’s statutory duty to protect and return the trust and corporate property is an implied duty to maintain the confidentiality of the information.”
In re Est. of Andrews, 92 A.3d 1226 (Pa. Super. Ct. 2014).
“McGarry based upon application of the following emphasized language of 20 Pa.C.S. § 3183, which *1234 outlines the procedure for and effect of removal of a personal representative: The court on its own motion may, and on the petition of any party in interest alleging adequate…”
In Re Est. of Gadiparthi, 632 A.2d 942 (Pa. Commw. Ct. 1993).
“3 Section 3183 of the Code, 20 Pa.C.S. § 3183, provides that the court may order a personal representative to show cause why he should not be removed and further provides that the court has this same *545 power upon petition of a party in interest who alleges adequate grounds.”
Est. of: Whitehead, J., No. 1219 EDA 2016 (Pa. Super. Ct. Jan. 18, 2017).
· cites it 3× “§ 3182 (“Grounds for removal”) and 20 Pa.C.S. § 3183 (“Procedure for and effect of removal”).”
In re Est. of Bower, 41 Pa. D. & C.5th 42 (2014).
· cites it 2× “20 Pa.C.S. §3183. 2. The grounds for removal of a personal representative are set forth in 20 Pa.”
In Re: Kocis, M. An Incapacitated Person, No. 2744 EDA 2015 (Pa. Super. Ct. June 29, 2016).
“20 Pa.C.S. § 3183. The record reveals that from the earliest stages of this matter, the orphans’ court was aware of the numerous jointly owned assets.”
In Re: Est. of Ford, L. Appeal of: Miller, A., No. 1060 WDA 2017 (Pa. Super. Ct. Sept. 25, 2018).
“” 20 Pa.C.S. § 3183. In his first issue, Appellant contends the orphans’ court erred in determining that his removal as executor was warranted due to his handling of the real estate.”
In Re: Est. of Vera Gazak, No. 1215 EDA 2017 (Pa. Super. Ct. Oct. 4, 2018).
“” 20 Pa.C.S. § 3183. In addressing Appellant’s claim that his removal was improper, the Orphans’ Court provided the following cogent analysis: Here, Appellant has failed to take steps to administer the estate.”
In Re: Est. of Michael Vasil, No. 156 WDA 2021 (Pa. Super. Ct. Jan. 11, 2022).
“20 Pa.C.S. § 3183. “[R]emoval of a fiduciary is a drastic action which should be taken only when the estate is endangered and intervention is necessary to protect the property of the estate.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.