Pennsylvania law (20 Pa.C.S. § 3182) provides grounds and procedure for removal of a personal representative. The power to remove is vested exclusively in the Orphans' Court, with the only exception being the limited powers granted to the Register of Wills under 20 Pa.C.S. § 3181.
A petition for removal upon consent is filed with the Clerk of the Orphans' Court when a personal representative wishes to resign before completing administration. Otherwise, the petition must be filed with a preliminary decree awarding a citation (or a rule to show cause if jurisdiction has already been obtained). All citations require Proof of Service — the certificate of service must contain the same information as a sheriff's return in a civil action (20 Pa.C.S. § 766).
The Court's decree removing the personal representative will require an accounting, unless all interested parties consent to removal without an accounting. The decree may authorize the Register to issue letters d.b.n. (de bonis non) to the person entitled, upon proper application.
Required Documents for Revocation of Letters
Trustees are usually appointed by the governing instrument. When a vacancy occurs (death, resignation, renunciation), an interested party must petition the Court to fill the vacancy under 20 Pa.C.S. § 7701 et seq. and Pa.O.C. Rule 12.6. All corporate fiduciaries, including trustees, must comply with Bucks O.C. Rule 1.2F. The provisions for removal and discharge of trustees are similar to those for personal representatives (20 Pa.C.S. § 7766).
After an accounting and audit, the Court will discharge the personal representative and surety. Petitions for discharge are seldom filed because the adjudication itself typically protects the personal representative from further liability. In large or disputed cases, the surety may insist on an express discharge (20 Pa.C.S. § 3184, Pa.O.C. Rule 12.7, Bucks O.C. Rules 12.7A, B and C).
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