§ 15-112. Removal of fiduciary

   (a) Mandatory and discretionary grounds. --

   (1) A court shall remove a fiduciary who has:

      (i) Willfully misrepresented material facts leading to his appointment or to other action by the court in reference to the fiduciary estate;

      (ii) Willfully disregarded an order of court;

      (iii) Shown himself incapable, with or without fault to properly perform the duties of his office; or

      (iv) Breached his duty of good faith or loyalty in the management of property of the fiduciary estate.

   (2) A court may remove a fiduciary who has:

      (i) Negligently failed to file a bond within the time required by rule or order of court;

      (ii) Negligently failed to obey an order of court; or

      (iii) Failed to perform any of his duties as fiduciary, or to competently administer the fiduciary estate.

(b) Procedures. -- Procedures for the removal of a fiduciary shall be conducted by the court in accordance with the provisions of the Maryland Rules applying to a fiduciary.

(c) Not applicable to personal representatives. -- The provisions of this section shall not apply to personal representatives.

HISTORY: An. Code 1957, art. 93A, § 220; 1974, ch. 11, § 2; 1992, ch. 22, § 1; 2005, ch. 25, § 1.