Sec. 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 a successor representative if the appointment of a successor is necessary. The appointment may be made before a final accounting is filed or before any action on a final accounting is taken. In the event of death, the legal representatives of the deceased personal representative shall account for, pay, and deliver all estate property that was entrusted to the deceased personal representative's care to the persons legally entitled to receive the property, at the time and in the manner ordered by the court.
(b) The court may appoint a successor representative under this section without citation or notice if the court finds that the immediate appointment of a successor representative is necessary.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle H - Continuation of Administration
Chapter 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors
Subchapter C. Appointment of Successor Representative
Section 361.101. Requirements for Revocation of Letters
Section 361.102. Appointment Because of Death, Resignation, or Removal
Section 361.103. Appointment Because of Existence of Prior Right
Section 361.104. Appointment When Named Executor Becomes an Adult
Section 361.105. Appointment of Formerly Sick or Absent Executor
Section 361.106. Appointment When Will Discovered After Grant of Administration