Removal of an Executor or Administrator in Texas
If an executor or administrator of an estate acts improperly, he or she may be subject to removal by the court on its own motion, or on the complaint of any interested person. The following list encompasses some of the more common reasons for removal of an executor or administrator of an estate.
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- failure to return within 90 days after qualification, unless such time is extended by order of the court, an inventory of the property of the estate and list of claims that have come to his or her knowledge;
- failure to timely post bond (if required);
- being absent from the state of Texas for a period of 3 consecutive months without permission of the court;
- cannot be served with notices or other processes by reason of the fact that his or her whereabouts are unknown, or by reason of the fact that he or she is eluding service;
- has misapplied, embezzled, or removed from the state of Texas, or is about to misapply, embezzle, or remove from the state, all or any part of the estate property committed to the personal representative’s care;
- failure to return an account which is required by law to be made;
- failure to obey a proper order of the court having jurisdiction with respect to the performance of his or her duties;
- proven to be guilty of gross misconduct, or mismanagement in the performance of his or her duties;
- he or she becomes an incapacitated person, or is sentenced to the penitentiary, or for any other cause becomes incapable of properly performing the duties of his or her trust;
- as executor or administrator, he or she fails to make a final settlement within three years after the grant of letters, unless the time be extended by the court upon a showing of sufficient cause supported by oath; and
- failure to give timely notice of the probate of a will to certain beneficiaries under the will.
For a free initial consultation with the experienced Houston estate litigation attorneys at Romano & Sumner, please call us at 281 242-0995 or contact our Houston area law office.