Detailed Answer — How removal and reappointment works under Texas law

This answer explains, in plain language, how to ask a Texas probate court to reconsider letters of administration, remove a current administrator, and appoint you as the administrator when you are the sole heir. This is general information about Texas probate practice and is not legal advice.

Basic legal framework

When a person dies without a valid will (intestate), a court issues letters of administration to a qualified personal representative (called an administrator) to gather assets, pay debts, and distribute the estate. Texas law governs who the court may appoint, how a personal representative must act, and when the court can remove that person.

Relevant Texas statutes include the Estates Code provisions on appointment of personal representatives (see Chapter 301) and on removal of a personal representative (see Chapter 305). You can read those chapters on the Texas statutes website:
Texas Estates Code, Ch. 301 (Appointment) and
Ch. 305 (Removal).

Grounds for removal

The court can remove an administrator when there is cause. Common grounds include:

• misconduct or dishonesty (including misappropriation of estate property);
• failure or refusal to perform duties required by the court (for example, refusing to file inventory or accountings);
• gross neglect or incompetence that jeopardizes the estate;
• conflict of interest preventing proper administration;
• conviction of certain crimes that make the person unfit to act; or
• failure to give any required bond or to qualify as the court ordered.

Texas law gives the probate court broad discretion to remove a representative for cause and to protect estate creditors and beneficiaries. See the statutes on removal for specific procedures:
Estates Code Ch. 305.

Typical steps you should expect to take

Below is a typical sequence used in Texas counties. Your county may have local rules, and the judge has discretion about scheduling and forms.

1. Request records and an accounting from the administrator. Before filing motions, ask the administrator (in writing) for the inventory, appraisement, and any accountings. Texas law requires administrators to account for estate property—use these requests to document problems.
2. Document the problems. Collect evidence showing why removal is appropriate: missed filings, diversion of estate funds, failure to contact heirs, conflicts of interest, poor recordkeeping, or criminal acts. Keep copies of correspondence, bank records, and invoices.
3. File a motion or application with the probate court. The formal way to begin is to file a petition asking the court to revoke or suspend the letters of administration, or to remove the personal representative and appoint a successor. In many Texas counties you will file this in the county court or statutory probate court where the estate is pending.
4. Request temporary relief if needed. If you fear the administrator will dissipate assets, ask the court for temporary orders (for example, a temporary restraining order or an order limiting distributions) while the motion is pending.
5. Attend the hearing and present evidence. The court will set a hearing. Be prepared to show cause with documents and witness testimony. The administrator may respond with records or defenses.
6. Ask the court to appoint you if you are qualified. If the court removes the administrator, you can ask to be appointed as successor administrator. The court will consider whether you are qualified, able to post any required bond, and whether appointment serves the estate and heirs.

Will the court appoint me as the administrator if I’m the sole heir?

Being the sole heir gives you strong standing to ask for appointment, but appointment is not automatic. The probate judge will consider whether you are qualified and whether appointment is proper given the facts. Courts typically prefer a responsible, qualified person who will protect estate assets and act impartially for creditors and interested parties.

If you are the sole heir, the court may be more willing to appoint you as administrator and may consider waiving or reducing a surety bond, but the judge has discretion. See the Estates Code chapter on appointment for the court’s criteria:
Estates Code, Ch. 301.

What evidence helps your petition?

Evidence that strengthens a petition to remove and appoint you includes:

• written requests for records and the administrator’s non‑compliance;
• bank statements, canceled checks, or transfers showing wrongful use of estate funds;
• missing or late inventories and accountings;
• testimony from people familiar with the decedent’s assets and debts;
• criminal charges or convictions against the administrator that affect fitness; and
• a clear heirship record (death certificate plus documents proving your relationship to the decedent).

Timing and deadlines

Act quickly. Probate matters move on court schedules and some remedies (for example, to stop transfers) depend on prompt filings. If you delay, the administrator may make distributions or take steps that complicate recovery. Check with the probate clerk about local deadlines and required forms for removal petitions.

Where these matters are filed

Probate proceedings happen in the county court or statutory probate court where the decedent lived when they died. Local court clerks provide filing instructions and may have local forms or requirements.

When to get legal help

If the matter involves contested facts, suspected theft or large estate values, or if the administrator fights removal, an attorney can prepare pleadings, present evidence at hearings, and advise about temporary relief and bond issues. If you cannot afford a lawyer, the clerk can explain self‑help resources and local legal aid organizations.

Quick links—start here:
Estates Code, Ch. 301 (Appointment of Personal Representative) and
Estates Code, Ch. 305 (Removal of Personal Representative). You can search the full Texas statutes at the Texas Legislature site:
statutes.capitol.texas.gov.

Bottom line: You can ask the court to remove an administrator and seek appointment as the successor administrator. To succeed you typically must document cause for removal, follow the court’s procedures, and show you are qualified to serve.

This is not legal advice. For advice about your specific case, contact a licensed probate attorney in Texas or the probate clerk in the county where the estate is filed.

Helpful Hints

• Act quickly: ask for the inventory and accounting as soon as you learn letters were issued.
• Document every request in writing and keep certified mail receipts or email copies.
• Gather proof of heirship (death certificate, birth certificate, marriage certificate, or other records proving your relationship).
• Save all bank records, bills, property records, and any evidence of improper transfers or missing assets.
• Check local county court websites for required probate forms and filing fees before you file anything.
• If you fear asset dissipation, ask the court for immediate protective orders when you file your motion.
• Be prepared to offer a bond or ask the court to waive it if you are the sole heir and the estate facts support waiver.
• Attend all hearings and dress professionally; courts pay attention to preparedness and demeanor.
• If the administrator is unresponsive, consider sending a formal demand letter through a lawyer to establish a clear record of non‑cooperation.
• When in doubt about procedure or complex facts, consult a Texas probate attorney — county court clerks can only provide forms and filing instructions, not legal advice.