Texas Estates Code 404.003 – Removal of Independent Executor Without Notice
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Terms Used In Texas Estates Code 404.003
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Executor: A male person named in a will to carry out the decedent
- Independent executor: means the personal representative of an estate under independent administration as provided by Chapter 401 and § 402. See Texas Estates Code 22.017
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Probate: Proving a will
- Property: means real and personal property. See Texas Government Code 311.005
The probate court, on the court’s own motion or on the motion of any interested person, and without notice, may remove an independent executor appointed under this subtitle when:
(1) the independent executor cannot be served with notice or other processes because:
(A) the independent executor’s whereabouts are unknown;
(B) the independent executor is eluding service; or
(C) the independent executor is a nonresident of this state without a designated resident agent; or
(2) sufficient grounds appear to support a belief that the independent executor has misapplied or embezzled, or is about to misapply or embezzle, all or part of the property committed to the independent executor’s care.