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Is It Possible To Remove An Executor Or Administrator?

While most executors and administrators attempt to fulfill their duties appropriately, some of them fail – either by accident or intentionally.  When an executor mishandles the estate, an opportunities exists to ask the court to remove the executor, which generally involves litigation to demonstrate to the court that the person should be removed.

The Texas Estates Code has specific grounds for which an executor can be removed.  For instance, removal may occur if the executor embezzles or misapplies the estate assets.  Likewise, if the executor commits gross misconduct or mismanagement of the estate, he may be removed.  Similarly, if the executor fails to account for the estate assets or leaves the state of Texas without providing contact information, he may be removed.

A removal proceeding is related to a probate case, but it is treated as a separate trial.  The order removing an executor can be appealed, and the Estates Code includes very specific elements that must be proved by the party seeking removal and included in the Court’s order of removal.  For this reason, great care must be taken in pursuing these cases.  Representation by attorneys who routinely handle these matters is very important.

The Probate Litigation attorneys at Ford + Bergner LLP have handled virtually every type of dispute related to removing executors.  We have represented executors in defending against removal, and we have represented estate beneficiaries who have sought to remove executors.

If you believe that you may be involved in a proceeding to remove an executor or administrator, please contact us via email or call 713-352-0937.

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