Section 2206. Compulsory account and related relief; proceedings thereupon 1  


Latest version.
  • A  petition to compel an account made pursuant to 2205 may request
      multiple relief (a) pursuant to 711 and 719 to suspend and/or  remove  a
      fiduciary  who fails to appear on the return date of process or fails to
      file an account within such time and in such manner as directed  by  the
      court;  (b)  to  appoint,  immediately,  an eligible person to succeed a
      fiduciary whose letters have been suspended or revoked; and (c) to  take
      and  state  an account on behalf of a fiduciary who fails to account and
      procure its settlement.
        2. On the presentation of a petition made pursuant to 2205 or when  so
      directed  by  the  court,  process, including a summary statement of any
      proposed stated account, shall issue to the fiduciary accordingly and on
      the return thereof if the fiduciary  fails  to  appear  or  to  file  an
      account  or  to show good cause to the contrary or to present a petition
      as prescribed in 2208 the court may by order  direct  the  fiduciary  to
      account  within  the  time  and  in the manner directed by the court, to
      cause process to issue requiring all  persons  necessary  to  be  served
      under  2210  to  show  cause  why  the  account should not be judicially
      settled, cause such process to be served upon such persons and that  the
      fiduciary  attend  before the court from time to time for the purpose of
      the  settlement  of  the  account.  In  addition,  the  order  may   (a)
      immediately  suspend  the  letters of a fiduciary who fails to appear on
      the return date of process or who fails to file an account  within  such
      time  and  in  such  manner  as  directed  by the court, (b) immediately
      appoint an eligible person to succeed  a  fiduciary  whose  letters  are
      suspended,  (c) schedule a hearing for the modification or revocation of
      the letters of a fiduciary whose letters are suspended, and (d) schedule
      a hearing to take and state an account on  behalf  of  a  fiduciary  who
      fails  to  file  an account and procure its settlement. Such order shall
      also direct  the  issuance  of  supplemental  process  to  such  persons
      entitled  to  notice  on  an  application to suspend, modify or revoke a
      fiduciary's letters, to appoint a successor fiduciary  or  to  settle  a
      fiduciary's account.
        3.  The  pendency  of  a  proceeding  against a fiduciary to compel an
      accounting does not preclude the fiduciary from presenting a petition as
      prescribed in 2208. If such petition  is  presented  on  or  before  the
      return  of process as prescribed herein, process issued thereon need not
      be directed to the petitioner who compelled the accounting, and the  two
      proceedings must be consolidated.
        4.  After  hearing  the  proofs  of the parties the court may take and
      state the account and  make  such  order  or  decree  as  justice  shall
      require, notwithstanding the failure or refusal of the fiduciary to file
      such account and procure its settlement.