Texas Probate Code - Section 222A. Reinstatement After Removal
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Texas Laws > Probate Code > Texas Probate Code - Section 222A. Reinstatement After Removal
Section: 217 218 220 221 221A 221B 222 222A 223 224 225 226 227 230 232
§ 222A. REINSTATEMENT AFTER REMOVAL. (a) Not later than
the 10th day after the date the court signs the order of removal, a
personal representative who is removed under Subsection (a)(1)(F)
or (G), Section 222, of this code may file an application with the
court for a hearing to determine whether the personal
representative should be reinstated.
(b) On the filing of an application for a hearing under this
section, the court clerk shall issue a notice stating that the
application for reinstatement was filed, the name of the decedent,
and the name of the applicant. The clerk shall issue the notice to
the applicant and to the successor representative of the decedent's
estate. The notice must cite all persons interested in the estate to
appear at the time and place stated in the notice if they wish to
contest the application.
(c) If, at the conclusion of a hearing under this section,
the court is satisfied by a preponderance of the evidence that the
applicant did not engage in the conduct that directly led to the
applicant's removal, the court shall set aside an order appointing
a successor representative, if any, and shall enter an order
reinstating the applicant as personal representative of the ward or
(d) If the court sets aside the appointment of a successor
representative under this section, the court may require the
successor representative to prepare and file, under oath, an
accounting of the estate and to detail the disposition the
successor has made of the property of the estate.
Added by Acts 1993, 73rd Leg., ch. 905, § 12, eff. Sept. 1, 1993.
Subsec. (b) amended by Acts 2003, 78th Leg., ch. 1060, § 12, eff.
Sept. 1, 2003.
PART 4. SUBSEQUENT PERSONAL REPRESENTATIVES
Last modified: August 11, 2007