What Steps Can Be Taken to Remove an Executor After They Have Been Authorized to Administer the Estate?

If your loved one has passed away, you may be waiting for the executor of the estate to close the estate and finalize the probate process. Executors have legal duties that include inventorying, appraising, and distributing estate assets, paying debts, and generally acting in the best interest of all heirs and beneficiaries.

However, in some instances, executors do not always fulfill their legal responsibilities, which can delay the probate process. Suppose you have concerns that an executor is not fulfilling their legal obligations or has engaged in misconduct such as self-dealing for personal gain. In that case, you must seek legal representation immediately.

The Hatchett Law Firm, PLLC, has skilled probate lawyers who can professionally evaluate your case and determine what legal options suit your needs. Contact our law firm today to schedule a free in-depth consultation.

What are the Legal Grounds for Removing an Executor?

The Texas Estates Code stipulates that heirs or other concerned parties can file a petition with the probate court requesting that the executor be relieved of their duties. However, anyone making such a request must have legal grounds to do so.

Legal grounds for removing an executor include:

Neglect of Duties

Some of the most common examples of executors neglecting their legal duties include failing to inventory or safeguard estate assets, pay debts or taxes, or withholding assets. Other examples include failing to distribute assets as dictated in the terms of the will.

Incompetence

Incompetence can take many forms, including when the executor lacks the physical or mental capacity to fulfill their duties. Other common examples include inexperience or mismanagement of estate assets, such as selling them below value.

Misconduct

Allegations of misconduct are taken seriously and are not taken lightly by Texas probate courts. Examples of executor misconduct often include self-dealing and embezzlement. Or withholding distributions to heirs and beneficiaries.

Conflict of Interest

Anyone who acts as an executor has a legal duty to act in the best interest of the estate and not themselves. Some of the most common conflicts of interest include hiring themselves or their organization to perform services, favoring specific beneficiaries over others, or failing to disclose prior business relationships with the estate.

What Steps are Required to Remove an Executor Through the Court?

Texas law has a strict formal process that must be followed if heirs or other interested parties, such as creditors, are trying to remove an executor after an estate has been opened. Several steps must be followed if those filing a petition can prove they have sufficient legal grounds to proceed with the removal proceedings. 

These steps include:

  • Filing a petition with the probate court that is overseeing estate administration
  • The executor must then be formally notified that the probate court has begun removal proceedings
  • A hearing is held in probate court where the individual who petitioned for the removal and the executor can both present evidence and argue their case before a judge
  • After hearing legal arguments from both sides, the probate judge will decide whether there is justifiable legal cause to remove the executor

Although, upon first glance, the steps involved in removing an executor may seem relatively straightforward, they can be overly complex and require the assistance of a knowledgeable attorney. An attorney will build a solid case that provides evidence of the executor’s mismanagement of the estate and present compelling legal arguments that withstand legal scrutiny.

Why Should I Hire a Probate Lawyer to Help Me With Conflicts Involving the Executor?

As with any legal problem, it is always best to hire a lawyer to assist with your conflicts involving an executor. Texas has strict laws that govern the removal of an executor after receiving testamentary letters. A lawyer can conduct a formal review of the situation to determine if it meets the legal requirements needed to file a petition for removal.

Suppose your lawyer determines that your case has sufficient legal grounds to proceed. In that case, their next step will be to gather critical evidence that supports your case and then file a formal petition with the court to begin removal proceedings. During court proceedings, your lawyer can present a compelling legal argument with evidence and witness testimony as to why the executor should be removed.

Based on the facts involved, your lawyer can also take action to minimize threats to the estate. Additionally, a highly trained lawyer may also be able to pursue legal action against the executor and hold them liable for damages if their actions harmed the estate.

Why Should I Hire Your Attorneys to Assist Me With My Legal Concerns?

If you are concerned about the way an executor is managing an estate, it is best to seek legal help immediately. Our estate planning attorneys have comprehensive experience helping clients obtain successful outcomes for their legal needs. Our attorneys and dedicated legal team recognize that dealing with the loss of your loved one and dealing with an executor who is not acting in the estate’s best interests.

When you come to us for help, we can conduct a thorough investigation into all the executor’s activities to detect misconduct, incompetence, or conflicts of interest. We can also negotiate with the current executor and their legal representative to attempt to settle the matter out of court, thereby avoiding the need for costly litigation.

Contact The Hatchett Law Firm, PLLC, today at (281) 771-0560 for a free case screening, and we will determine how we can assist you.