FAQ: When Can an Executor Be Removed in Texas?

Disclaimer: I am not a lawyer. This information is educational only and does not constitute legal advice. If you need legal action, consult a licensed probate attorney in Texas.

Detailed Answer — When and why a court can remove an executor (personal representative) in Texas

In Texas, the person named in a will to manage the estate (often called an executor, or more generally a personal representative) serves as a fiduciary to the estate and to the beneficiaries. The probate court has continuing jurisdiction over the estate and the power to remove an executor when the executor fails to carry out duties or otherwise acts in ways that harm the estate or beneficiaries.

Who can ask the court to remove an executor?

• Interested persons, including heirs, beneficiaries under the will, creditors with standing, and sometimes co-representatives, may petition the probate court to remove an executor.

Common legal grounds for removal

The most frequent bases the court recognizes include (but are not limited to):

• Breach of fiduciary duty: Self-dealing, misappropriation of estate assets, concealing assets, or otherwise using estate property for personal benefit without court approval.
• Neglect or refusal to perform duties: Failing to collect estate assets, pay valid debts, file required inventories, or otherwise perform routine administration tasks.
• Incompetence or incapacity: Mental incapacity, serious illness, or substance abuse that prevents proper administration.
• Failure to provide records or account: Refusing or failing to file required accountings, inventories, or to respond to beneficiary requests for information.
• Maladministration or waste: Reckless or negligent acts that reduce estate value.
• Criminal conviction or serious misconduct: Conduct such as conviction of a felony or fraud that undermines trust in the executor’s ability to serve.
• Conflict of interest or inability to act impartially: Situations that make fair administration impossible.

How the removal process works

Procedurally, removal typically follows these steps:

1. File a petition: An interested person files a petition in the probate court asking the court to remove the executor and stating the grounds and supporting facts.
2. Notice and interim relief: The executor must be given notice and an opportunity to respond. In urgent cases, the petitioner can ask the court for temporary relief (for example, to restrain the executor from transferring assets).
3. Hearing and evidence: The court holds a hearing. The petitioner bears the burden of proving cause for removal by presenting evidence such as records, witness testimony, bank statements, or other documentation of misconduct or neglect.
4. Court decision and remedies: If the court finds cause, it may remove the executor and appoint a successor or co-representative. The court can also order accounting, surcharge (financial award for losses caused by misconduct), restitution of misapplied assets, and other equitable relief.

Practical notes on timing and outcomes

• There is no single fixed time limit for filing a removal petition — the probate court retains jurisdiction during administration and, in many cases, even after closing for matters relating to alleged misconduct.
• Removal is an equitable remedy: the probate court balances the evidence, the interests of beneficiaries, and whether removal is in the best interests of the estate.
• Sometimes the court will impose limited remedies (surcharges, accounting orders, bond requirements) rather than outright removal when less drastic measures will protect the estate.

Where to find the law

Texas law governing estates and probate procedure is in the Texas Estates Code. For the code text and chapter listings, see the Texas statutes site: Texas Estates Code — official statutes. The probate court’s power to supervise fiduciaries and to order accountings and other remedies is contained throughout the Estates Code and in established Texas probate practice.

Helpful Hints

• Document everything: If you suspect misconduct, keep copies of communications, bank records, account statements, and any requested but unrevealed documents.
• Request an accounting first: Ask the executor informally (in writing) for a full accounting and inventory. Courts expect beneficiaries to try communication before seeking removal.
• Consider less adversarial steps: Mediation or negotiation can resolve many disputes without the expense of removal litigation.
• Act sooner rather than later: Delay can allow estate assets to be dissipated or evidence to disappear. If you believe assets are at risk, ask the court for emergency relief to freeze transfers.
• Know the possible outcomes: Courts may order removal, appointment of a co-representative, accounting, surcharge, or other remedies tailored to protect the estate.
• Get professional help: Probate disputes involve technical rules and strict deadlines. A Texas probate attorney can advise whether you have standing, evaluate evidence, and file the appropriate petition.
• Watch for probate deadlines: While some estate actions have notice or limitation periods, courts generally retain power to remedy fiduciary misconduct discovered during administration.

If you want to explore next steps, gather the relevant documents (will, letters testamentary, communications with the executor, bank statements, inventories or lack thereof) and consult a probate attorney in the county handling the estate. A lawyer can explain your chances, possible remedies, and procedural requirements in the local probate court.