The executor or personal representative of a Texas estate signs up for long-term responsibility. They have to initiate the probate process by notifying the courts of someone’s passing and providing any relevant testamentary documents. They have to secure and manage the assets of the estate that previously belonged to the decedent. They have to fulfill personal obligations and distribute resources in accordance with the testator’s instructions.
Family members are often happy to hand over estate-related responsibility to a personal representative. All they have to worry about is collecting their inheritance when the time comes. However, sometimes family members begin to have questions about the conduct of the representative of an estate.
When do the probate laws in Texas allow for the removal of an executor or personal representative already appointed or approved by the courts?
Removal may follow misconduct
One of the most common reasons that people challenge and remove a personal representative is that they embezzled or engaged in self-dealing. Perhaps they let their own relationships with beneficiaries outweigh the instructions provided by the decedent about the distribution of their property, family members can ask the courts to remove them and replace them with someone who can follow the law or the instructions provided by the testator more effectively.
Removal can result from inaction or a lack of ability
Sometimes, family members ask the courts to appoint a new personal representative when the initial party does not fulfill their obligations. Other times, they have fulfilled some of their responsibilities, and their removal could follow a change in circumstances.
A designation of incapacity from the courts due to medical challenges, incarceration or a lack of availability due to hospitalization could all potentially provide grounds for the removal of a personal representative. Texas law allows those with an interest in an estate to request the removal or replacement of a personal representative who demonstrates either an unwillingness to abide by the law and estate instructions or an inability to do so.
Initiating probate litigation can feel unpleasant initially. However, people may take solace from the fact that their actions can serve to uphold a loved one’s wishes. Prompt action can potentially help to preserve the value of an estate and the legacy someone wanted to leave after their death.
