We covered the legal grounds for executor removal in independent probate administrations in our last post. Now we focus on the other category of probate proceedings—dependent administrations. Dependent administrations are distinct from independent administrations in a few ways. Courts usually create dependent administrations when a person dies without a will, and occasionally when a person dies with a will.
In dependent administrations, the executor or administrator is subject to strict oversight by the court and usually must ask the court for permission before exercising authority over the estate. The basic legal procedures for removal are the same as in independent administrations. First, an interested person files a motion to remove the executor or administrator in the probate court. Next, there is a waiting period when the parties can build up their case. Depending on the specific grounds for removal, the interested person may or may not need to arrange for personal service of legal citation on the executor or administrator.
Dependent administrations have different grounds for removal than independent administrations. Compared to independent administrations, dependent administrations have more paths to removing a dependent administrator, and those paths are slightly easier to traverse.
Grounds for Removing a Texas Dependent Executor or Administrator without Notice
A dependent executor is subject to removal under any of the scenarios below. In each scenario, the interested person can present a removal motion to the court without serving the executor or administrator with advanced notice of the removal proceeding.
- The executor or administrator fails to fulfill the court’s requirements to finalize their appointment.
- The executor or administrator fails to file an inventory with the court within the appropriate amount of time.
- The executor or administrator fails to post bond as ordered by the court.
- The executor or administrator moves to a different state or is absent from Texas for at least three months.
- The executor or administrator has gone missing, is purposefully avoiding service of notices or citations, or lives outside of Texas without a properly designated Texas agent.
- The interested person presents clear and convincing evidence, under oath, that the executor or administrator stole estate property, distributed estate property to someone who isn’t entitled to a distribution or is moving estate property out of Texas.
- The interested person presents clear and convincing evidence, under oath, that the executor or administrator is on the verge of stealing estate property, distributing estate property to someone who isn’t entitled to a distribution, or is moving estate property out of Texas.
Grounds for Removing a Texas Dependent Executor or Administrator with Notice
A dependent executor or administrator is also subject to removal under the additional scenarios below. The interested person must arrange for personal service of citation to the executor, which gives the executor or administrator advanced notice of the removal proceeding.
- The executor or administrator stole estate property, distributed estate property to someone who isn’t entitled to a distribution, or is moving estate property out of Texas. Note that when the executor or administrator receives proper notice of the removal proceeding, courts overseeing dependent administrations require less stringent proof of this misconduct than in independent administrations.
- The executor or administrator is on the verge of stealing estate property, distributing estate property to someone who isn’t entitled to a distribution, or moving estate property out of Texas. Note that when the executor or administrator receives proper notice of the removal proceeding, courts require less stringent proof of this misconduct than in independent administrations.
- The executor or administrator fails to present an accounting to someone entitled to the accounting under Texas law or file an annual accounting with the probate court.
- The executor or administrator violates one of the probate court’s orders.
- The executor or administrator has committed gross misconduct or gross mismanagement of the deceased person’s estate.
- The executor or administrator loses mental capacity, is sent to prison, or is otherwise legally incapable of fulfilling the executor’s duties.
- The executor or administrator fails to finish the estate administration within three years after being appointed.
If you’ve made it this far, you’ve probably gathered by now that the grounds for removal of Texas executors are quite varied and complex. An experienced probate attorney, however, can help guide you toward an informed decision about whether to seek removal. In our next post, we look toward the types of evidence needed to build your case for removal of an executor.
If you need help with removing an executor or responding to a removal threat, we encourage you to speak with our Dallas, Texas probate attorneys. The Johnson Firm’s probate and estate lawyers can help you assess whether an executor committed sufficient misconduct warranting removal. We’re here, ready, and willing to engage with beneficiaries, heirs, executors, and administrators in North, South, Central, East, and West Texas.