Texas Estates Code 404.0035 – Removal of Independent Executor With Notice
(a) The probate court, on the court’s own motion, may remove an independent executor appointed under this subtitle after providing 30 days’ written notice of the court’s intention to the independent executor, requiring answering at a time and place set in the notice, by a qualified delivery method, to the independent executor’s last known address and to the last known address of the independent executor’s attorney of record, if the independent executor:
(1) neglects to qualify in the manner and time required by law;
(2) fails to return, before the 91st day after the date the independent executor qualifies, either an inventory of the estate property and a list of claims that have come to the independent executor’s knowledge or an affidavit in lieu of the inventory, appraisement, and list of claims, unless that deadline is extended by court order; or
(3) fails to timely file the affidavit or certificate required by § 308.004.
(b) The probate court, on its own motion or on motion of any interested person, after the independent executor has been cited by personal service to answer at a time and place set in the notice, may remove an independent executor when:
(1) the independent executor fails to make an accounting which is required by law to be made;
(2) the independent executor is proved to have been guilty of gross misconduct or gross mismanagement in the performance of the independent executor’s duties;
(3) the independent executor becomes an incapacitated person, or is sentenced to the penitentiary, or from any other cause becomes legally incapacitated from properly performing the independent executor’s fiduciary duties; or
(4) the independent executor becomes incapable of properly performing the independent executor’s fiduciary duties due to a material conflict of interest.
Terms Used In Texas Estates Code 404.0035
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Claims: includes :
(1) liabilities of a decedent that survive the decedent's death, including taxes, regardless of whether the liabilities arise in contract or tort or otherwise;
(2) funeral expenses;
(3) the expense of a tombstone;
(4) expenses of administration;
(5) estate and inheritance taxes; and
(6) debts due such estates. See Texas Estates Code 22.005 - 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 - Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Executor: A male person named in a will to carry out the decedent
- Fiduciary: A trustee, executor, or administrator.
- 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
- Qualified delivery method: means delivery by:
(1) hand delivery by courier, with courier's proof of delivery receipt;
(2) certified or registered mail, return receipt requested, with return receipt; or
(3) a private delivery service designated as a designated delivery service by the United States Secretary of the Treasury under Section 7502(f)(2), Internal Revenue Code of 1986, with proof of delivery receipt. See Texas Estates Code 22.0295 - Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005