Sec. 404.003. REMOVAL OF INDEPENDENT EXECUTOR WITHOUT NOTICE. The probate court, on the court's own motion or on the motion of any interested person, and without notice, may remove an independent executor appointed under this subtitle when:
(1) the independent executor cannot be served with notice or other processes because:
(A) the independent executor's whereabouts are unknown;
(B) the independent executor is eluding service; or
(C) the independent executor is a nonresident of this state without a designated resident agent; or
(2) sufficient grounds appear to support a belief that the independent executor has misapplied or embezzled, or is about to misapply or embezzle, all or part of the property committed to the independent executor's care.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 56, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle I - Independent Administration
Chapter 404 - Accountings, Successors, and Other Remedies
Section 404.002. Requiring Independent Executor to Give Bond
Section 404.003. Removal of Independent Executor Without Notice
Section 404.0035. Removal of Independent Executor With Notice
Section 404.0036. Removal Order
Section 404.0037. Costs and Expenses Related to Removal of Independent Executor
Section 404.004. Powers of an Administrator Who Succeeds an Independent Executor
Section 404.005. Court-Appointed Successor Independent Administrator