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Estate Executor Succession and Removal Procedures: A Comprehensive Guide

This detailed guide outlines the procedures for successor appointment, PR resignation, and court action as per statutes. Learn about resignation acceptance, removal grounds, the court's role, and the powers and duties of a successor.

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Estate Executor Succession and Removal Procedures: A Comprehensive Guide

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  1. SuccessorPersonal Representatives

  2. Resignation • Procedures detailed by statute • PC § 221 • EC Chapter 301, Subchapter A

  3. Resignation • Court Action • 1. Accept resignation immediately and appoint successor • Only if a necessity exists • PR (and sureties) not discharged until final account approved

  4. Resignation • Court Action • 2. Conduct hearing • Normal method • Judge sets date and citation is issued, usually by posting • Discharge possible if PR: • Submits satisfactory final account • Turns over all estate property to new PR • Follows all other court order

  5. Removal • On whose motion? • Any interested person • Court • Without notice • PC § 222 • EC § 362.051 • With notice • PC § 222 • EC § 362.052

  6. Removal • Without notice grounds • Failure to timely qualify • Failure to timely file inventory • Failure to give bond • Leaves Texas for more than 3 months without permission • Cannot be served with process • Has or is about to misapply, embezzle, etc. • Must be shown with clear and convincing evidence given under oath.

  7. Removal • With notice grounds • Has or is about to misapply, embezzle, etc. • Only need preponderance of evidence • Failure to return a required accounting • Failure to obey court order • Gross misconduct or mismanagement • Incapacitated • Sentenced to penitentiary • Failure to finish administration in three years • Failure to file affidavit or certificate that notice given to beneficiaries • Any other cause in court’s discretion

  8. When court appoints successor • Failure to qualify • Death • Resignation • Removal • Higher priority person requests appointment • Named PR becomes adult • Absent PR returns • Sick PR recovers • Will discovered after intestate administration opened

  9. Powers and duties of successor • Generally = the same • May have duty to sue original PR for damages. • Must file new inventory

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