Texas Probate Code - Section 222. Removal
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Texas Laws > Probate Code > Texas Probate Code - Section 222. Removal
§ 222. REMOVAL. (a) Without Notice. (1) The court, on
its own motion or on motion of any interested person, and without
notice, may remove any personal representative, appointed under
provisions of this Code, who:
(A) Neglects to qualify in the manner and time required by
law;
(B) Fails to return within ninety days after qualification,
unless such time is extended by order of the court, an inventory of
the property of the estate and list of claims that have come to his
knowledge;
(C) Having been required to give a new bond, fails to do so
within the time prescribed;
(D) Absents himself from the State for a period of three
months at one time without permission of the court, or removes from
the State;
(E) Cannot be served with notices or other processes because
of the fact that the:
(i) personal representative's whereabouts are unknown;
(ii) personal representative is eluding service; or
(iii) personal representative is a nonresident of this
state who does not have a resident agent to accept service of
process in any probate proceeding or other action relating to the
estate; or
(F) Has misapplied, embezzled, or removed from the State, or
is about to misapply, embezzle, or remove from the State, all or any
part of the property committed to the personal representative's
care.
(2) The court may remove a personal representative under
Paragraph (F), Subdivision (1), of this subsection only on the
presentation of clear and convincing evidence given under oath.
(b) With Notice. The court may remove a personal
representative on its own motion, or on the complaint of any
interested person, after the personal representative has been cited
by personal service to answer at a time and place fixed in the
notice, when:
(1) Sufficient grounds appear to support belief that he has
misapplied, embezzled, or removed from the state, or that he is
about to misapply, embezzle, or remove from the state, all or any
part of the property committed to his care;
(2) He fails to return any account which is required by law
to be made;
(3) He fails to obey any proper order of the court having
jurisdiction with respect to the performance of his duties;
(4) He is proved to have been guilty of gross misconduct, or
mismanagement in the performance of his duties;
(5) He becomes an incapacitated person, or is sentenced to
the penitentiary, or from any other cause becomes incapable of
properly performing the duties of his trust;
(6) As executor or administrator, he fails to make a final
settlement within three years after the grant of letters, unless
the time be extended by the court upon a showing of sufficient cause
supported by oath; or
(7) As executor or administrator, he fails to timely file
the notice required by Section 128A of this code.
(c) Order of Removal. The order of removal shall state the
cause thereof. It shall require that any letters issued to the one
removed shall, if he has been personally served with citation, be
surrendered, and that all such letters be cancelled of record,
whether delivered or not. It shall further require, as to all the
estate remaining in the hands of a removed person, delivery thereof
to the person or persons entitled thereto, or to one who has been
appointed and has qualified as successor representative.
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 1989, 71st Leg., ch. 1035, § 11, eff. Sept. 1, 1989; Acts
1993, 73rd Leg., ch. 905, § 11, eff. Sept. 1, 1993; Acts 1993,
73rd Leg., ch. 957, § 37, eff. Sept. 1, 1993; Acts 1995, 74th
Leg., ch. 1039, § 13, eff. Sept. 1, 1995; Acts 1999, 76th Leg.,
ch. 855, § 8, eff. Sept. 1, 1999.
Section: 216 217 218 220 221 221A 221B 222 222A 223 224 225 226 227 230
Last modified: August 11, 2007
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