Texas Estates Code 1353.101 – Grounds for Removal of Community Administrator
Terms Used In Texas Estates Code 1353.101
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Fiduciary: A trustee, executor, or administrator.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Property: means real and personal property. See Texas Government Code 311.005
A court may remove a community administrator if:
(1) the community administrator fails to comply with a court order for:
(A) an inventory and appraisement under § 1353.051; or
(B) an account or subsequent account under § 1353.052;
(2) sufficient grounds appear to support belief that the community administrator has misapplied or embezzled, or is about to misapply or embezzle, all or part of the property committed to the community administrator’s care;
(3) the community administrator is proved to have been guilty of gross misconduct or gross mismanagement in the performance of duties as community administrator; or
(4) the community administrator:
(A) becomes an incapacitated person;
(B) is sentenced to the penitentiary; or
(C) for any other reason becomes legally incapacitated from properly performing the community administrator’s fiduciary duties.