Court Opinions

State Laws

US Code

US Constitution

Texas Probate Code - Section 222A. Reinstatement After Removal

Legal Research Home > Texas Laws > Probate Code > Texas Probate Code - Section 222A. Reinstatement After Removal

§ 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 
estate.
	(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