Founding Attorney
Choosing an executor is an essential part of any estate plan. An executor has the duty to carry out the deceased person’s wishes, manage the estate’s assets, and ensure that debts and taxes are appropriately handled. But what happens if the executor isn’t doing their job — or worse, is causing harm to the estate? In Texas, heirs and beneficiaries have the right to ask the court to remove an executor under certain circumstances.
Grounds for Removing an Executor
Not every mistake or delay is enough to justify removing an executor. However, there are specific situations where removal may be warranted. Common reasons include:
- Mismanagement of Estate Assets: If the executor is wasting, stealing, or improperly handling estate property.
- Conflict of Interest: If the executor’s personal interests interfere with their duties to the estate.
- Failure to Perform Duties: If the executor is neglecting their responsibilities, such as failing to file required paperwork or ignoring deadlines.
- Dishonesty or Fraud: If the executor has engaged in deceitful or illegal conduct.
- Incapacity: If the executor becomes physically or mentally unable to manage the estate.
Every case is different, but the court’s primary concern is whether the executor is acting in the best interest of the estate and its beneficiaries.
How to Start the Process of Removing an Executor
If you believe an executor needs to be removed, there are steps you’ll need to follow:
- Gather Evidence: Courts require clear proof that the executor has acted improperly. This could include financial records, communications, or witness testimony.
- File a Petition: You must file a formal petition with the probate court asking for the executor’s removal.
- Serve Notice: The executor and other interested parties must be officially notified of the petition.
- Court Hearing: The court will hold a hearing where both sides can present evidence. The judge will decide whether removal is justified.
It’s important to note that courts do not remove executors lightly. You’ll need a strong case showing that removal is necessary to protect the estate.
Who Can Request Removal?
Typically, any interested party can request that an executor be removed. This usually includes:
- Beneficiaries named in the will
- Heirs who would inherit under Texas law if there were no will
- Creditors of the estate (in limited cases)
If you have a financial interest in the estate, you generally have standing to raise concerns about the executor’s conduct.
What Happens After an Executor Is Removed?
If the court decides to remove an executor, it will appoint a replacement. This could be:
- A successor executor named in the will
- An administrator appointed by the court if no successor is named
The new executor or administrator will take over management of the estate and continue the probate process.
When Is Removal Not the Right Option?
Sometimes, problems with an executor can be addressed without going through the formal removal process. For example:
- Communication Issues: If the executor isn’t keeping beneficiaries informed, sometimes a simple request can solve the problem.
- Minor Mistakes: Small errors can usually be corrected without needing court intervention.
- Delays Beyond Their Control: Probate can be delayed by factors outside the executor’s hands, such as disputes among beneficiaries or complex assets.
Before pursuing removal, we’ll help you evaluate whether a less drastic solution could be better for you and the estate.
Protecting Your Rights During Probate
Dealing with a problematic executor can be stressful, but you don’t have to handle it alone. At the Law Office of Carey Thompson, we work with clients across Fort Worth to protect their rights and ensure their estates are managed properly.
Whether you need advice, representation in court, or help navigating the probate process, we’re here to support you every step of the way. If you’re concerned about how an executor is handling an estate, contact us today to schedule a consultation.