Section 3-607
(a)
On complaint in equity of any person who appears to have an interest in the estate, the court by temporary order may restrain a personal representative from performing specified acts of administration, disbursement, or distribution, or exercise of any powers or discharge of any duties of his office, or make any other order to secure proper performance of his duty, if it appears to the court that the personal representative otherwise may take some action which would jeopardize unreasonably the interest of the petitioner or of some other interested person. Persons with whom the personal representative may transact business may be made parties.
(b)
The matter shall be set for hearing within 10 days unless the parties otherwise agree. Notice as the court directs shall be given to the personal representative and the attorney of record, if any, and to any other parties named a defendant in the petition.
Comment
Cf. Section 3-401 which provides for a restraining order against a previously appointed personal representative incident to a formal testacy proceeding. The above section describes a remedy which is available for any cause against a previously appointed personal representative, whether appointed formally or informally.
This remedy, in combination with the safeguards relating to the process for appointment of a personal representative, permit “control” of a personal representative that is believed to be equal, if not superior to that available with respect to “supervised” personal representatives. The request for a restraining order may mark the beginning of a new proceeding but the personal representative, by the consent provided in Section 3-602, is practically in the position of one who, on motion, may be cited to appear before a judge.
Massachusetts comment
This remedy is supplementary to proceedings under Mass. Rule of Civil Procedure 65. See also 3-401 permitting a request for restraining order as part of a filing for a formal proceeding.