53-7-56. Resignation.

A personal representative may resign:#

1. (1)

   In the manner and under the circumstances described in the will;#

2. (2)

   Upon petition to the probate court, showing that the resignation has been requested in writing by all heirs of an intestate estate or all beneficiaries of a testate estate; or#

3. (3)

   Upon petition to the probate court, showing to the satisfaction of the court that:#

   1. (A)

      The personal representative is unable to continue serving due to age, illness, infirmity, or other good cause;#

   2. (B)

      Greater burdens have developed upon the office of personal representative than those that originally were contemplated or should have been contemplated when the personal representative was qualified and the additional burdens would work a hardship upon the personal representative;#

   3. (C)

      Disagreement exists between one or more of the beneficiaries or heirs and the personal representative in respect to the personal representative’s management of the estate, which disagreement and conflict appear deleterious to the estate;#

   4. (D)

      The resignation of the personal representative will result in or permit substantial financial benefit to the estate;#

   5. (E)

      The resigning personal representative is one of two or more acting personal representatives and the other personal representatives will continue in office with no adversity to the estate contemplated; or#

   6. (F)

      The resignation would not be disadvantageous to the estate.#

A personal representative’s petition to resign shall be made to the probate court and the court shall cause citation to issue and service of notice to be made upon all the heirs of an intestate estate or the beneficiaries of a testate estate in the manner provided by Chapter 11 of this title.#