Detailed Answer
Under California law, Probate Code sections 1300–1304 govern the removal of a personal representative. A court may remove a personal representative when they: (1) act in bad faith or mismanage the estate, (2) become incapable of performing duties, or (3) conflict with the interests of heirs or creditors (Prob. Code §1302).
If the court issues an order removing you, that order is appealable as a special order after final judgment. Under California Rules of Court, rule 8.104, you must file a notice of appeal within 60 days after the date of the order or within 180 days if you request a certificate of probable cause (Cal. Rules of Court, rule 8.104).
To begin an appeal:
- Evaluate whether the order is final or appealable. Removal orders typically qualify as special orders after final judgment.
- File a notice of appeal in the probate court before the 60-day deadline.
- Serve all interested parties and file proof of service.
- Request the trial transcript or settle an agreed statement of the proceedings.
- Submit an opening brief to the California Court of Appeal arguing error in the trial court’s removal decision.
While the appeal is pending, the superior court may appoint a successor representative. Note that appeals require strict compliance with procedural rules. Missing deadlines can forfeit your right to appeal.
Helpful Hints
- Confirm the removal order date to track the 60-day deadline precisely.
- Consider a motion for new hearing under Prob. Code §170 (Prob. Code §170) within 10 days of the order.
- Request a certificate of probable cause if you acted in good faith; this can extend appeal deadlines.
- Maintain detailed notes of all court proceedings and rulings.
- Consult an appellate attorney to ensure compliance with complex rules.
Disclaimer
This article provides general information under California law and does not constitute legal advice. Consult a qualified attorney for advice tailored to your specific situation.