Removal Of Personal Representative Requires Notice And Evidentiary Hearing
April 30th, 2012
In Lezcano v. Hidalgo, a probate court within the Third District once again removed a personal representative without notice and an evidentiary hearing.
We’ll just repeat what we said last time:
A court cannot summarily remove the personal representative of an estate. Notice and an evidentiary hearing is required under law. Removal of a personal representative without notice or an evidentiary hearing violates due process.
