As amended through October 11, 2024
Rule 114 - Irregularity, Default, or Insufficiency(a) TYPES OF IRREGULARITY OR DEFAULT. An irregularity or default includes a failure to file timely any verification and certificate of notice, inventory, account, report, or receipt required by these rules.(b) NOTICE TO CORRECT IRREGULARITY, DEFAULT, OR INSUFFICIENCY.(1)By Register of Wills. When the Register of Wills finds an irregularity or default in the administration of a proceeding under these rules or that there is an insufficiency in the amount or security of a bond or undertaking, the Register of Wills must promptly notify the fiduciary responsible that unless the irregularity, default, or insufficiency is promptly corrected, the fiduciary may be removed from office. If the irregularity, default, or insufficiency is not remedied, the Register of Wills must report it to the court.(2)By Court. On its own initiative, the court may issue an order to show cause why any action should not be taken in a proceeding where there is an irregularity, default, or insufficiency.(c) HEARING. (1)After Notice to Correct or Order to Show Cause. If the fiduciary does not remedy an irregularity, default, or insufficiency after receiving a notice to correct or an order to show cause under Rule 114(b), the court must set a hearing and direct notice of the hearing to the fiduciary.(2)Without Notice to Correct. In extraordinary cases or in cases in which the fiduciary fails to satisfy a prior notice or specific order of the court, the court, on its own initiative or at the request of the Register of Wills, may order a summary hearing without giving the fiduciary prior notice to correct an irregularity, default, or insufficiency.(3)Notice of Hearing. Notice of a hearing under Rule 114(c)(1) or (2) must be sent by first class mail to the address of record of the fiduciary, the surety (if appropriate), counsel of record, and each party, interested person, person entitled to participate, and person entitled to notice.(d) ACTION BY THE COURT. At the hearing, the court may remove the fiduciary and appoint a successor, excuse the irregularity, default, or insufficiency on good cause, or take other appropriate action.Adopted by Order dated March 4, 2022, effective 8/22/2022.