1. (a)

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

      1. (i) Willfully misrepresented material facts leading to the appointment of the fiduciary or to other action by the court in reference to the fiduciary estate;
      2. (ii) Willfully disregarded an order of court;
      3. (iii) Shown to be incapable, with or without fault to properly perform the duties of the office of fiduciary; or
      4. (iv) Breached the fiduciary duty of good faith or loyalty in the management of property of the fiduciary estate.

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

      1. (i) Negligently failed to file a bond within the time required by rule or order of court;
      2. (ii) Negligently failed to obey an order of court; or
      3. (iii) Failed to perform any fiduciary duty, or to competently administer the fiduciary estate.
2. (b) 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.
3. (c) The provisions of this section may not apply to personal representatives.

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1992, c. 22, § 1; Acts 2005, c. 25, § 1, eff. April 12, 2005; Acts 2019, c. 197, § 1, eff. Oct. 1, 2019.

Formerly Art. 93A, § 220.