Idaho State Statutes - Idaho Attorney Directory

(a) 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 shall 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 section 15-3-607 of this
Part, after receipt of notice of removal proceedings, the personal
representative shall 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.
(b) Cause for removal exists when removal would be in the best interests
of the estate, or if it is shown that a personal representative or the person
seeking his appointment intentionally misrepresented material facts in the
proceedings leading to his appointment, or that the personal representative
has disregarded an order of the court, has become incapable of discharging the
duties of his office, or has mismanaged the estate or failed to perform any
duty pertaining to the office. Unless the decedent's will directs otherwise, a
personal representative appointed at the decedent's domicile, incident to
securing appointment of himself or his nominee as ancillary personal
representative, may obtain removal of another who was appointed personal
representative in this state to administer local assets.

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