Disclaimer: This article is for educational purposes only and does not constitute legal advice. If you need guidance on your specific situation, consult a licensed attorney.
Detailed Answer
If you are an “interested person” under Texas law—such as an heir, devisee, creditor, or beneficiary—you may petition the probate court to remove an estate administrator (also called a personal representative) who refuses to fulfill fiduciary duties. Texas Estates Code § 305.003(a) authorizes the court to remove a personal representative “for cause” on petition of any interested person. Causes include failure to comply with court orders, neglect or refusal to perform essential duties, mismanagement of estate assets, or misconduct.
Key steps to petition for removal:
- Confirm Standing. Under Texas Estates Code § 22.002(a)(12), an interested person includes heirs, legatees, devisees, creditors, and any party with an interest in the estate. Ensure you qualify.
- Identify Grounds. Document specific failures—such as not filing the inventory and appraisement within 90 days as required by Texas Estates Code § 309.051 (link), neglecting to collect or safeguard assets, or refusing to furnish an accounting.
- File a Petition. Draft and file a written petition for removal under Texas Estates Code § 305.003 (link). Include your status, the administrator’s failures, and a request for relief.
- Serve Notice. Serve the petition and citation on the personal representative and all other interested parties per Texas Rules of Civil Procedure, Rule 21.
- Attend Hearing. The court will hold a hearing where you present evidence. The administrator may defend. The court may remove the administrator if you prove cause.
- Appointment of Successor. If removed, the court appoints a successor personal representative under Texas Estates Code § 308.001 (link). You may propose a reliable candidate in your petition.
Removal proceedings can be technical. Incorrect procedure or insufficient proof may delay the process. Consider seeking legal counsel to guide you through local court rules and evidentiary requirements.
Helpful Hints
- Keep a record of all communications and missed deadlines by the administrator.
- Review the court’s probate docket to confirm filing deadlines and past orders.
- Gather documentary evidence—emails, letters, account statements—showing nonperformance.
- Explore mediation or settlement conferences before formal removal to save time and costs.
- Identify a qualified, willing successor personal representative in advance.
- Consult a probate attorney to verify local procedural requirements and filing fees.