Sec. 404.0037. COSTS AND EXPENSES RELATED TO REMOVAL OF INDEPENDENT EXECUTOR. (a) An independent executor who defends an action for the independent executor's removal in good faith, whether successful or not, shall be allowed out of the estate the independent executor's necessary expenses and disbursements, including reasonable attorney's fees, in the removal proceedings.
(b) Costs and expenses incurred by the party seeking removal that are incident to removal of an independent executor appointed without bond, including reasonable attorney's fees and expenses, may be paid out of the estate.
Added 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