Chapter 13 - Petition to Revoke Letters
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.