(a) Subject to subdivision (b), an administrator may be removed from office on the petition of the surviving spouse or a relative of the decedent entitled to succeed to all or part of the estate, or the nominee of the surviving spouse or relative, if such person is higher in priority than the administrator.
(b) The court in its discretion may refuse to grant the petition:
(1) Where the petition is by a person or the nominee of a person who had actual notice of the proceeding in which the administrator was appointed and an opportunity to contest the appointment.
(2) Where to do so would be contrary to the sound administration of the estate.
(Enacted by Stats. 1990, Ch. 79.)