An administrator may be removed, and his or her letters revoked for his or her removal from the state; and an administrator or executor may be removed and his or her letters revoked for any of the following causes:
(1) Imbecility of mind; intemperance; continued sickness, rendering him or her incapable of the discharge of his or her duties; or when from his or her conduct or character there is reason to believe that he or she is not a suitable person to have the charge and control of the estate. (2) Failure to make and return inventories or accounts of sale; failure to make settlements as required by law; or the failure to do any act as such executor or administrator, when lawfully required by the judge of probate. (3) The wasting, embezzlement, or any other maladministration of the estate. (4) The using of any of the funds of the estate for his or her own benefit.
(5) A sentence of imprisonment in the penitentiary, county jail or for hard labor for the county for a term of 12 months or more.
History: (Code 1852, §1696; Code 1867, §2017; Code 1876, §2386; Code 1886, §2045; Code 1896, §92; Code 1907, §2566; Acts 1919, No. 37, p. 40; Code 1923, §5789; Code 1940, T. 61, §178.)