Texas Estates Code Title 2, Chapter 361 - Death, Resignation, Or Removal Of Personal Representatives; Appointment Of Successors

SUBCHAPTER A RESIGNATION OF PERSONAL REPRESENTATIVE

• Texas Section 361.001 - Resignation Application
  A personal representative who wishes to resign the representative's trust shall file a written application with the court clerk, accompanied by a complete and verified...
• Texas Section 361.002 - Immediate Appointment Of Successor; Discharge And Release
  (a) If the necessity exists, the court may immediately accept the resignation of a personal representative and appoint a successor representative. (b) The court may...
• Texas Section 361.003 - Hearing Date; Citation
  (a) When an application to resign as personal representative is filed under Section 361.001, supported by the exhibit and final account required under that section,...
• Texas Section 361.004 - Hearing
  (a) At the time set for the hearing under Section 361.003, unless the court continues the hearing, and if the court finds that the citation...

SUBCHAPTER B REMOVAL AND REINSTATEMENT OF PERSONAL REPRESENTATIVE

• Texas Section 361.005 - Requirements For Discharge
  (a) A personal representative applying to resign may not be discharged until: (1) the resignation application has been heard; (2) the exhibit and final account...
• Texas Section 361.051 - Removal Without Notice
  The court, on the court's own motion or on the motion of any interested person, and without notice, may remove a personal representative appointed under...
• Texas Section 361.052 - Removal With Notice
  The court may remove a personal representative on the court's own motion, or on the complaint of any interested person, after the representative has been...
• Texas Section 361.053 - Removal Order
  An order removing a personal representative must: (1) state the cause of the removal; (2) require that, if the removed representative has been personally served...

SUBCHAPTER C APPOINTMENT OF SUCCESSOR REPRESENTATIVE

• Texas Section 361.054 - Removal And Reinstatement Of Personal Representative Under Certain Circumstances
  (a) The court may remove a personal representative under Section 361.051(6) only on the presentation of clear and convincing evidence given under oath. (b) Not...
• Texas Section 361.101 - Requirements For Revocation Of Letters
  Except as otherwise expressly provided by this title, the court may revoke letters testamentary or of administration and grant other letters only: (1) on application;...
• Texas Section 361.102 - Appointment Because Of Death, Resignation, Or Removal
  (a) If a person appointed as personal representative fails to qualify or, after qualifying, dies, resigns, or is removed, the court may, on application, appoint...
• Texas Section 361.103 - Appointment Because Of Existence Of Prior Right
  If letters testamentary or of administration have been granted to a person and another person applies for letters, the court shall revoke the initial letters...
• Texas Section 361.104 - Appointment When Named Executor Becomes An Adult
  (a) A person named as executor in a will who was not an adult when the will was probated is entitled to have letters testamentary...
• Texas Section 361.105 - Appointment Of Formerly Sick Or Absent Executor
  (a) This section applies only to a person named as executor in a will who was sick or absent from the state when the testator...

SUBCHAPTER D PROCEDURES AFTER DEATH, RESIGNATION, OR REMOVAL OF PERSONAL REPRESENTATIVE

• Texas Section 361.106 - Appointment When Will Discovered After Grant Of Administration
  If, after letters of administration have been issued, it is discovered that the decedent left a lawful will, the court shall revoke the letters of...
• Texas Section 361.151 - Payment To Estate While Office Of Personal Representative Is Vacant
  (a) A debtor, obligor, or payor may pay or tender money or another thing of value falling due to an estate while the office of...
• Texas Section 361.152 - Further Administration With Or Without Notice Or Will Annexed
  (a) If an estate is unrepresented as a result of the death, removal, or resignation of the estate's personal representative, and on application by a...
• Texas Section 361.153 - Rights, Powers, And Duties Of Successor Representative
  (a) If a personal representative of an estate not administered succeeds another personal representative, the successor representative has all rights, powers, and duties of the...
• Texas Section 361.154 - Successor Executor Also Succeeds To Prior Rights And Duties
  An executor who accepts appointment and qualifies after letters of administration have been granted on the estate shall, in the manner prescribed by Section 361.153,...
• Texas Section 361.155 - Successor Representative To Return Inventory, Appraisement, And List Of Claims Or Affidavit In Lieu Of Inventory, Appraisement, And List Of Claims
  (a) An appointee who has qualified to succeed a former personal representative, before the 91st day after the date the personal representative qualifies, shall make...

Last modified: September 28, 2016