Disclaimer: This information is for educational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific circumstances.
Detailed Answer
Under Texas law, any interested person may petition the probate court to remove a personal representative (also known as an executor or administrator) who mismanages or misappropriates estate assets. The process follows the steps below:
- Confirm Standing: Identify yourself as an “interested person” under Texas Estates Code §22.001. Interested persons include heirs, devisees, creditors and other parties with a financial stake in the estate.
- Grounds for Removal: Texas Estates Code Chapter 305 governs removal. Section 305.006 authorizes removal when the representative misappropriates funds, refuses to file an inventory, fails to comply with court orders or otherwise neglects duties. View §305.006.
- Draft the Petition: Prepare a written petition stating:
- Your status as an interested person.
- Specific allegations (dates, amounts, asset descriptions).
- Requested relief (removal of the current representative and appointment of a successor).
- File with the Proper Court: Submit the petition to the probate court handling the decedent’s estate (usually the county court at law or statutory probate court in the county where the decedent resided).
- Serve Notice: Serve the personal representative and all other interested persons in accordance with Texas Rules of Civil Procedure. Proper service ensures due process and gives parties an opportunity to respond.
- Attend the Hearing: At the court hearing, present evidence of mishandling—bank statements, inventories, correspondence or sworn affidavits. The court may consider testimony from witnesses or an accounting expert.
- Court Decision: If the court finds clear and convincing evidence of mismanagement, it will remove the personal representative under §305.001 and may appoint a successor under §305.003. View §305.001.
- Successor Appointment: The court names a new representative—often the petitioner or another qualified person—who must then qualify by taking an oath and posting a bond if required.
Helpful Hints
- Collect clear documentation: bank records, ledgers and correspondence.
- Review the original probate documents: Letters Testamentary or Administration Orders.
- Identify all interested persons for proper service to avoid delays.
- Consider retaining a probate attorney or paralegal for drafting pleadings and handling court procedures.
- Be prepared to request temporary relief if assets may be dissipated before the hearing.