Title 53, Chapter 7, Section 56
( 53-7-56)
(a) A personal representative may resign: (1) In the manner and under the circumstances described in the
will; (2) Upon petition to the probate court, showing that the
resignation has been requested in writing by all heirs of an
intestate estate or all beneficiaries of a testate estate; or (3) Upon petition to the probate court, showing to the
satisfaction of the court that: (A) The personal representative is unable to continue serving
due to age, illness, infirmity, or other good cause; (B) Greater burdens have developed upon the office of personal
representative than those which were originally contemplated or
should have been contemplated when the personal representative
was qualified and the additional burdens would work a hardship
upon the personal representative; (C) Disagreement exists between one or more of the beneficiaries
or heirs and the personal representative in respect to the
personal representative's management of the estate, which
disagreement and conflict appear deleterious to the estate; (D) The resignation of the personal representative will result
in or permit substantial financial benefit to the estate; (E) The resigning personal representative is one of two or more
acting personal representatives and the other personal
representatives will continue in office with no adversity to the
estate contemplated; or (F) The resignation would not be disadvantageous to the estate. (b) A personal representative's petition to resign shall be made to
the probate court and service shall be made upon all the heirs of an
intestate estate or the beneficiaries of a testate estate. |