When any fiduciary is, or becomes, disqualified under sections 633.63 and 633.64, has mismanaged the estate, failed to perform any duty imposed by law, or by any lawful order of court, or ceases to be a resident of the state, then the court may remove the fiduciary. The court may upon its own motion, and shall upon the filing of a verified petition by any person interested in the estate, including a surety on the fiduciary's bond, order the fiduciary to appear and show cause why the fiduciary should not be removed. Any such petition shall specify the grounds of complaint. The removal of a fiduciary after letters are duly issued to the fiduciary shall not invalidate the fiduciary's official acts performed prior to removal.
[C51, § 1306, 1509, 1510; R60, § 2338, 2561, 2562; C73, § 2247, 2251, 2496-2500; C97, § 3198, 3201, 3416-3418; S13, § 3228-g; C24, 27, § 12066-12068, 12600, 12604, 12643; C31, 35, § 12066-12068, 12600, 12604, 12643, 12644-c12; C39, § 12066-12068, 12600, 12604, 12643, 12644.12; C46, 50, 54, 58, 62, § 638.29-638.31, 668.27, 668.31, 671.12, 672.12; C66, 71, 73, 75, 77, 79, 81, § 633.65]
Referred to in § 524.1007, 524.1008, 633.32, 633.649
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