Sec. 404.0036. REMOVAL ORDER. (a) The order of removal of an independent executor shall state the cause of removal and shall direct by order the disposition of the assets remaining in the name or under the control of the removed independent executor. The order of removal shall require that letters issued to the removed independent executor shall be surrendered and that all letters shall be canceled of record.
(b) If an independent executor is removed by the court under Section 404.003 or 404.0035, the court may, on application, appoint a successor independent administrator as provided by Section 404.005.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1136 (H.B. 2912), Sec. 56, eff. January 1, 2014.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 521 (S.B. 626), Sec. 8, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 576 (S.B. 615), Sec. 8, eff. September 1, 2021.
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