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Texas Probate Code - Section 220. Appointment Of Successor Representative

Legal Research Home > Texas Laws > Probate Code > Texas Probate Code - Section 220. Appointment Of Successor Representative

§ 220. APPOINTMENT OF SUCCESSOR REPRESENTATIVE.  (a) 
Because of Death, Resignation or Removal. When a person duly 
appointed a personal representative fails to qualify, or, after 
qualifying, dies, resigns, or is removed, the court may, upon 
application appoint a successor if there be necessity therefor, and 
such appointment may be made prior to the filing of, or action upon, 
a final accounting.  In case of death, the legal representatives of 
the deceased person shall account for, pay, and deliver to the 
person or persons legally entitled to receive the same, all the 
property of every kind belonging to the estate entrusted to his 
care, at such time and in such manner as the court shall order.  Upon 
the finding that a necessity for the immediate appointment of a 
successor representative exists, the court may appoint such 
successor without citation or notice.
	(b)  Because of Existence of Prior Right. Where letters have 
been granted to one, and another whose right thereto is prior and 
who has not waived such right and is qualified, applies for letters, 
the letters previously granted shall be revoked and other letters 
shall be granted to the applicant.
	(c)  When Named Executor Becomes an Adult.  If one named in a 
will as executor is not an adult when the will is probated and 
letters in any capacity have been granted to another, such 
nominated executor, upon proof that he has become an adult and is 
not otherwise disqualified, shall be entitled to have such former 
letters revoked and appropriate letters granted to him.  And if the 
will names two or more persons as executor, any one or more of whom 
are minors when such will is probated, and letters have been issued 
to such only as are adults, said minor or minors, upon becoming 
adults, if not otherwise disqualified, shall be permitted to 
qualify and receive letters.
	(d)  Upon Return of Sick or Absent Executor.  If one named in 
a will as executor was sick or absent from the State when the 
testator died, or when the will was proved, and therefore could not 
present the will for probate within thirty days after the 
testator's death, or accept and qualify as executor within twenty 
days after the probate of the will, he may accept and qualify as 
executor within sixty days after his return or recovery from 
sickness, upon proof to the court that he was absent or ill;  and, if 
the letters have been issued to others, they shall be revoked.
	(e)  When Will Is Discovered After Administration Granted. 
If it is discovered after letters of administration have been 
issued that the deceased left a lawful will, the letters shall be 
revoked and proper letters issued to the person or persons entitled 
thereto.
	(f)  When Application and Service Necessary. Except when 
otherwise expressly provided in this Code, letters shall not be 
revoked and other letters granted except upon application, and 
after personal service of citation on the person, if living, whose 
letters are sought to be revoked, that he appear and show cause why 
such application should not be granted.
	(g)  Payment or Tender of Money Due During Vacancy.  Money or 
other thing of value falling due to an estate while the office of 
the personal representative is vacant may be paid, delivered, or 
tendered to the clerk of the court for credit of the estate, and the 
debtor, obligor, or payor shall thereby be discharged of the 
obligation for all purposes to the extent and purpose of such 
payment or tender.  If the clerk accepts such payment or tender, he 
shall issue a proper receipt therefor.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.  Amended by 
Acts 1969, 61st Leg., p. 1922, ch. 641, § 11, eff. June 12, 1969;  
Acts 1993, 73rd Leg., ch. 957, § 35, eff. Sept. 1, 1993.

Last modified: August 11, 2007