South Carolina § 62-3-611 - Petition for removal; cause; procedure.
Full text of South Carolina South Carolina Code of Laws § 62-3-611 — Petition for removal; cause; procedure., with citation guidance and answers to common questions.
§ 62-3-611. Petition for removal; cause; procedure.
(a) A person interested in the estate may petition for removal of a personal representative for cause at any time. Upon filing of the petition, the court shall fix a time and place for hearing. Notice shall be given by the petitioner to the personal representative, and to other persons as the court may order. Except as otherwise ordered as provided in Section 62-3-607, after service of the summons and petition upon the personal representative and receipt of notice of removal proceedings, the personal representative shall not act except to account, to correct maladministration, or preserve the estate. If removal is ordered, the court also shall direct by order the disposition of the assets remaining in the name of, or under the control of, the personal representative being removed.
(b) Cause for removal exists when removal would be in the best interests of the estate, or if it is shown that a personal representative or the person seeking his appointment intentionally misrepresented material facts in the proceedings leading to his appointment, or that the personal representative has disregarded an order of the court, has become incapable of discharging the duties of his office, or has mismanaged the estate or failed to perform any duty pertaining to the office. Unless the decedent's will directs otherwise, a personal representative appointed at the decedent's domicile, incident to securing appointment of himself or his nominee as ancillary personal representative, may obtain removal of another who was appointed personal representative in this State to administer local assets.
(c) The termination of appointment under this section shall relieve the personal representative's attorney of record of any further duties to the court.
HISTORY: 1986 Act No. 539, SECTION 1; 2010 Act No. 244, SECTION 16, eff June 7, 2010; 2013 Act No. 100, SECTION 1, eff January 1, 2014.
Effect of Amendment
The 2013 amendment added subsection (c), relating to termination of appointment.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 62-3-611
What does South Carolina Code of Laws § 62-3-611 cover?
Section 62-3-611 ("Petition for removal; cause; procedure.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 62-3-611?
A common citation format is "South Carolina Code of Laws § 62-3-611" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 62-3-611 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.