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The Register has the authority to revoke the
appointment of an executor or administrator in certain circumstances.
For example, the Register may revoke Letters previously issued and
admit to probate a Will or Codicil which bears a later date than
the one already probated if it is produced within three months
of a decedent's death.
The person offering the later Will or Codicil
must submit to the Register within the three-month period a Petition
for Citation signed by a party in interest. All parties whose interests
will be affected by the revocation of the Letters or probate of
an after-discovered or later Will or Codicil must be listed by name,
address, and relationship to decedent and must either join in the
petition or be served with the petition and citation at least 10
days before the return date.
The procedure for scheduling the hearing and
the manner in which the hearing is conducted is set forth in Chapter
11.
In addition, the Register may, at any time,
revoke Letters of Administration where it appears that the person
to whom Letters of Administration were granted was not entitled
to them, or where Letters granted are not in conformity with the
provisions of the Will admitted to probate.
Petitions to remove an executor or administrator
for cause must be filed with the Orphans' Court pursuant to Sections
3182 and 3183 of the PEF Code.
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