Sec. 222. REMOVAL    


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  • (a) Without Notice. (1) The court, on its own motion or on motion of any interested person, and without notice, may remove any personal representative, appointed under provisions of this Code, who:

    (A) Neglects to qualify in the manner and time required by law;

    (B) Fails to return within ninety days after qualification, unless such time is extended by order of the court, an inventory of the property of the estate and list of claims that have come to his knowledge;

    (C) Having been required to give a new bond, fails to do so within the time prescribed;

    (D) Absents himself from the State for a period of three months at one time without permission of the court, or removes from the State;

    (E) Cannot be served with notices or other processes because of the fact that the:

    (i) personal representative's whereabouts are unknown;

    (ii) personal representative is eluding service; or

    (iii) personal representative is a nonresident of this state who does not have a resident agent to accept service of process in any probate proceeding or other action relating to the estate; or

    (F) Has misapplied, embezzled, or removed from the State, or is about to misapply, embezzle, or remove from the State, all or any part of the property committed to the personal representative's care.

    (2) The court may remove a personal representative under Paragraph (F), Subdivision (1), of this subsection only on the presentation of clear and convincing evidence given under oath.

    (b) With Notice. The court may remove a personal representative on its own motion, or on the complaint of any interested person, after the personal representative has been cited by personal service to answer at a time and place fixed in the notice, when:

    (1) Sufficient grounds appear to support belief that the personal representative has misapplied, embezzled, or removed from the state, or that the personal representative is about to misapply, embezzle, or remove from the state, all or any part of the property committed to the personal representative's care;

    (2) The personal representative fails to return any account which is required by law to be made;

    (3) The personal representative fails to obey any proper order of the court having jurisdiction with respect to the performance of the personal representative's duties;

    (4) The personal representative is proved to have been guilty of gross misconduct, or mismanagement in the performance of the personal representative's duties;

    (5) The personal representative becomes an incapacitated person, or is sentenced to the penitentiary, or from any other cause becomes incapable of properly performing the duties of the personal representative's trust;

    (6) As executor or administrator, the personal representative fails to make a final settlement within three years after the grant of letters, unless the time be extended by the court upon a showing of sufficient cause supported by oath; or

    (7) As executor or administrator, the personal representative fails to timely file the affidavit or certificate required by Section 128A of this code.

    (c) Order of Removal. The order of removal shall state the cause thereof. It shall require that any letters issued to the one removed shall, if he has been personally served with citation, be surrendered, and that all such letters be cancelled of record, whether delivered or not. It shall further require, as to all the estate remaining in the hands of a removed person, delivery thereof to the person or persons entitled thereto, or to one who has been appointed and has qualified as successor representative.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1969, 61st Leg., p. 1922, ch. 641, Sec. 11, eff. June 12, 1969; Acts 1989, 71st Leg., ch. 1035, Sec. 11, eff. Sept. 1, 1989; Acts 1993, 73rd Leg., ch. 905, Sec. 11, eff. Sept. 1, 1993; Acts 1993, 73rd Leg., ch. 957, Sec. 37, eff. Sept. 1, 1993; Acts 1995, 74th Leg., ch. 1039, Sec. 13, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 855, Sec. 8, eff; Sept. 1, 1999. Amended by: Acts 2007, 80th Leg., R.S., Ch. 801 , Sec. 4, eff. September 1, 2007.