Detailed Answer
Under Texas law, orders removing a personal representative are typically interlocutory, meaning they do not finally dispose of estate administration. However, the probate court can designate the removal order as final by including “no just reason for delay” language under Rule 168 of the Texas Rules of Civil Procedure. When a removal order is final, it becomes appealable as a decree.
If the probate court’s order removing your appointment is designated final, you must file a notice of appeal in the probate court within 30 days after the order is signed. See Texas Rules of Appellate Procedure 26.1. Once the notice is filed, the case proceeds to the Texas Court of Appeals. You should request the clerk’s and reporter’s records promptly to preserve the appellate record, including transcripts of removal hearings and all trial court filings.
If the removal order is not final (i.e., lacks finality language), direct appeal is unavailable. In that situation, an interested party may petition the court of appeals for a writ of mandamus under Texas Rules of Appellate Procedure 52.1. A mandamus petition asks the appellate court to compel the probate court to comply with its statutory duties. To succeed, you must show that the probate court clearly abused its discretion and that you lack an adequate appellate remedy.
Common statutory provisions include:
- Texas Estates Code § 404.052 (Removal of executor or administrator)
- Texas Estates Code § 405.001 (Dependent administration removal)
Helpful Hints
- Verify the exact signing date of the removal order. Missing the 30-day deadline is fatal to an appeal.
- If you miss the deadline, consider a motion for extension under Texas Rules of Appellate Procedure 10.5, showing “excusable neglect.”
- Serve all interested parties—including any successor representative—when filing your notice of appeal or mandamus petition.
- Request preparation of the clerk’s record and reporter’s record immediately after filing notice.
- Consult an appellate attorney to determine whether a direct appeal or mandamus petition best suits your case.
Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified attorney regarding your specific circumstances.