MARVIN MANDEL, Governor                                   105

PERSONAL REPRESENTATIVE OR SPECIAL ADMINISTRATOR, AND AN
APPOINTMENT IS NOT MADE WITHIN THE 15 DAY PERIOD, THE
RESIGNING PERSONAL REPRESENTATIVE MAY APPLY TO THE COURT
FOR THE APPOINTMENT OF HIS SUCCESSOR.

(C)   RESIGNATION EFFECTIVE.

THE RESIGNATION IS EFFECTIVE UPON THE APPOINTMENT OF
A SUCCESSOR AND THE RESIGNING PERSONAL REPRESENTATIVE
SHALL IMMEDIATELY ACCOUNT FOR AND DELIVER THE PROPERTY
BELONGING TO THE ESTATE TO THE SUCCESSOR OR SPECIAL
ADMINISTRATOR.

(D)   RESIGNATION OF COPERSONAL REPRESENTATIVE,

THE RESIGNATION OF A COPERSONAL REPRESENTATIVE IS
EFFECTIVE UPON THE GIVING OF NOTICE AND THE FILING OF THE
STATEMENT OR RESIGNATION AS PROVIDED IN THIS SECTION.

REVISOR'S NOTE: This section presently appears as
Art. 93, §6-305. It is divided into four
subsections. The only other changes are in
language and style.

6-306. REMOVAL.

(A)   CAUSE FOR REMOVAL.

A PERSONAL REPRESENTATIVE SHALL BE REMOVED FROM
OFFICE UPON A FINDING BY THE COURT THAT HE:

(1)    MISREPRESENTED MATERIAL FACTS IN THE
PROCEEDINGS LEADING TO HIS APPOINTMENT,

(2)    WILLFULLY DISREGARDED AN ORDER OF THE
COURT;

(3)   IS UNABLE OR INCAPABLE, WITH OR WITHOUT
HIS OWN FAULT, TO DISCHARGE HIS DUTIES AND POWERS
EFFECTIVELY;

(4) HAS MISMANAGED PROPERTY;

(5)   HAS FAILED TO MAINTAIN ON FILE WITH THE
REGISTER A CURRENTLY EFFECTIVE DESIGNATION OF AN
APPROPRIATE LOCAL AGENT FOR SERVICE OF PROCESS AS
DESCRIBED IN §5-105(A) (6); OR

(6)   HAS FAILED, WITHOUT REASONABLE EXCUSE, TO
PERFORM A MATERIAL DUTY PERTAINING TO THE OFFICE.

(B)   REMAINING IN OFFICE.

EVEN IF THERE EXISTS CAUSE FOR REMOVAL FOR FAILURE