If you’ve recently lost a loved one, it can be some relief to learn that they left a will or a more extensive estate plan that details how they wanted their assets to be distributed. This can save surviving loved ones the stress and cost of a long probate period – particularly if they took steps to keep some of their assets out of probate.
Likely, your loved one named an executor (known in Texas as a “personal representative”) to be in charge of administering the estate. Among their many responsibilities is disbursing inheritances according to your loved one’s codified wishes.
What if you believe they aren’t doing their job?
If you and perhaps other family members don’t think the named executor (whether it’s a relative or someone outside the family) is up to the task or believe they will prioritize their own interests over their fiduciary duty to the estate, you might understandably prefer that this person step down or be removed so someone else can take over.
It’s not that simple. As long as the named executor meets the basic state requirements (being at least 18 and without a criminal record), a beneficiary or other interested party must have a valid reason under the law to petition the probate court for their removal.
What does Texas law say?
Under Texas law, an executor can be removed for reasons including the following.
- They have “misapplied, embezzled, or removed from the state” any property from the estate – or attempted to.
- They have engaged in “gross misconduct or mismanagement in the performance of any duties.”
- They have refused or otherwise failed to comply with a court order.
An executor can also be removed if they are determined to be “incapable of properly performing any duties of trust.” Maybe the deceased named their spouse a number of years ago, but they are no longer physically or mentally capable of carrying out the job. If they named an alternate, as is recommended, that person would typically be given the job if the current executor is removed, steps down or declines to take on the responsibility.
If you believe the executor of a loved one’s estate is not abiding by their fiduciary duty – particularly if you have evidence they’ve already engaged in fraudulent or other criminal activity that’s taking assets from the estate, it’s smart to get experienced legal guidance as soon as possible to help you make the case and protect your loved one’s assets accordingly.
