When someone dies in Texas, their estate goes through probate. This is a legal process that determines how the deceased’s property gets distributed. An executor gets appointed to oversee the probate process. If you need to remove an executor, there are a few things you should know.
Who is an executor?
An executor is the person appointed by the court to oversee the probate process. They are responsible for distributing the deceased’s real estate property according to their will or, if they died without a will, according to state law. On top of that, the executor is responsible for paying the deceased’s debts and taxes.
Why would you want to remove an executor?
The first reason you might want to remove an executor is if they are not doing their job. Maybe they’re not following the deceased’s wishes or they’re not distributing the property correctly. They might not be doing anything at all. If this is the case, you can petition the court to have them removed.
Another reason you might want to remove an executor is if they can’t do their job for some reason. Maybe they’re ill or they live too far away. If this is the case, you can also petition the court to have them removed.
Lastly, you might want to remove an executor because of a conflict of interest. For example, if the executor is also a beneficiary of the estate, that might tempt them to give themselves a larger share of it. If you think there is a conflict of interest, you can also petition the court to have the executor removed.
How do you remove an executor?
The first thing to do to remove an executor is file a petition with the probate court. The court will then hold a hearing to decide if the executor should get removed. As part of the probate litigation process, you will need to prove that there is a good reason for removing the executor.
Removing an executor is not a decision to be made lightly, but if you have a good reason, it is possible to do. Just make sure you follow the proper legal steps and file a petition with the probate court.
Ultimately, the probate court will decide whether or not to remove the executor. If you have a valid reason, like the executor is not following the deceased’s wishes or they’re not distributing the property correctly, then there’s a good chance the probate court will grant your request.