It’s not uncommon for family members who have lost a loved one to be dissatisfied with their choice of an executor (known as a personal representative here in Texas) to administer their estate. Whether it’s another relative or a close friend or colleague, they may not think they’re the right person for the job.
If that’s how you feel about the personal representative chosen by a loved one, you may see those doubts and distrust increase as things move along (or don’t) with the administration of the estate. Maybe they aren’t moving as fast as you think they should. Perhaps they aren’t as communicative and transparent as you’d like. You may suspect they aren’t being responsible with the assets under their control – or even that they’re doing something nefarious.
Heirs and other beneficiaries of an estate can’t get a personal representative removed without valid cause as specified under the law. That person was either chosen by the deceased or appointed by a probate judge. They are entitled to serve as long as they meet the minimum requirements of being 18 and of sound mind unless there’s evidence of misconduct or failure to carry out their duties.
What are the grounds under Texas law?
Under the law, a probate judge can remove a personal representative if they’ve done one or more of the following:
- Engaged in “gross misconduct or mismanagement in the performance of any duties”
- “Misapplied, embezzled, or removed from the state” property that belongs to it
- Proven to be “incapable of properly performing any duties of trust.”
- Failed to comply with a court order
They can also be removed if they haven’t settled the estate within three years of the testator’s death (assuming they haven’t received an extension from the court.)
A beneficiary can petition the probate court to remove a personal representative, but they must provide evidence of the wrongdoing or failings they’re accusing them of. A probate judge may also determine on their own that a personal representative should be removed.
If you believe you have cause to remove the personal representative of a loved one’s estate, it’s best to act as soon as possible – particularly if you believe that assets may be at risk. However, it’s wise to get legal guidance to make sure you have cause and – if so – make your case effectively.