Texas Probate Code - Section 762. Reinstatement After Removal
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§ 762. 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)(6) or
(7), Section 761, 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 ward, and
the name of the applicant. The clerk shall issue the notice to the
applicant, the ward, a person interested in the welfare of the ward
or the ward's estate, and, if applicable, a person who has control
of the care and custody of the ward. The notice must cite all
persons interested in the estate or welfare of the ward 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. 957, § 1, eff. Sept. 1, 1993.
Subsec. (b) amended by Acts 2003, 78th Leg., ch. 549, § 15, eff.
Sept. 1, 2003.
Section: 757 758 759 760 760A 760B 761 762 763 764 765 767 768 769 770
Last modified: August 11, 2007
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