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
Section: 212 213 214 215 216 217 218 220 221 221A 221B 222 222A 223 224
§ 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
(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