75-3-607 - Order restraining personal representative.
75-3-607. Order restraining personal representative.
(1) On petition of any person who appears to have an interest in the estate, the court bytemporary order may restrain a personal representative from performing specified acts ofadministration, disbursement, or distribution, or exercise of any powers or discharge of anyduties of his office, or make any other order to secure proper performance of his duty, if itappears to the court that the personal representative otherwise may take some action which wouldjeopardize unreasonably the interest of the applicant or of some other interested person. Personswith whom the personal representative may transact business may be made parties.
(2) The matter shall be set for hearing within 10 days unless the parties otherwise agree.Notice as the court directs shall be given to the personal representative and his attorney of record,if any, and to any other parties named defendant in the petition.
(3) Upon petition made by any guardian, conservator, protected person, ward, creditor, orother person interested in the estate as an heir, devisee or otherwise, against any person suspectedof having concealed, embezzled, or smuggled, laid away or disposed of any money, goods, orchattels of the decedent or to have in his possession or subject to his knowledge, any deeds,conveyances, bonds, contracts, or other writings, or any personal estate, or any other claim ordemand or any last will of the decedent, the court may cite the suspected person to appear beforeit and may examine and proceed with him on the charge; and if on such examination it appearsthat he has wrongful possession of any such items, the court may order the delivery of the sameto the personal representative, guardian, or conservator.
Amended by Chapter 194, 1977 General Session