Spec Pro Class 2020

SECTION  1. Administration revoked if will discovered; Proceedings thereupon.

 

     If after letters of administration have been granted on the estate of a decedent as if he had died intestate, his will is proved and allowed by the court:

 

     The letters of administration shall be revoked and all powers thereunder cease; and

 

      The administrator shall forthwith surrender the letters to the court; and

Render his account within such time as the court directs; and Proceedings for the issuance of letters testamentary or of administration under the will shall be as herein before provided.

 

 

SECTION 2. The Court may remove or accept resignation of executor or administrator; Proceedings upon death, resignation, or removal

 

     The court may remove or in its discretion, may permit him to resign. If an executor or administrator

               a.  neglects to render his account and settle the estate according  

                    to law, or

               b.  neglects to perform an order or judgment of the court; or

               c.  neglects to duty expressly provided by these rules; or

               d.   Absconds; or

               e.  Becomes insane, or otherwise incapable or unsuitable to

                   discharge the trust.

 

    When an executor or administrator dies, resigns, or is removed the remaining executor or administrator may administer the trust alone, unless the court grants letters to someone to act with him. If there is no remaining executor or administrator, administration may be granted to any suitable person.

 

 

SECTION 3. Acts before revocation, resignation, or removal to be valid.

 

     The lawful acts an executor or administrator before the revocation of his letters testamentary or of administration, or before his resignation or removal, shall have the like validity as if there had been no such revocation, resignation, or removal.

 

 

SECTION 4. Powers of new executor or administrator renewal of license to sell real estate.

 

     The person to whom letters testamentary or of administration are granted after the revocation of former letters, or the death, resignation, or removal of a former executor or administrator, shall have the like

• Powers to collect and settle the estate not administered that the former executor or administrator had, and

• May prosecute or defend actions commenced by or against the former executor or administrator, and

• Have execution on judgments recovered in the name of such former execution or administrator.

 

    An authority granted by the court to the former executor or administrator for the sale or mortgage of real estate may be renewed in favor of such person without further notice or hearing.

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• It is only when the newly-discovered will has been admitted to probate that the letters of administration may be revoked by the probate court

• The mere fact that it was subsequently discovered that the duly appointed administrator was indebted to the decedent is not a ground for his removal, absent any other circumstance indicative of bad faith or lack of integrity on his part.

• The fact that the administratix was later held to be without the right to intervene in the settlement of the estate as an heir is not a ground for her removal as such adminsitratix since even a stranger can be appointed as such.