Texas Estates Code 361.054 – Removal and Reinstatement of Personal Representative Under Certain Circumstances
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(a) The court may remove a personal representative under § 361.051(6) only on the presentation of clear and convincing evidence given under oath.
(b) Not later than the 10th day after the date the court signs the order of removal, a personal representative who is removed under § 361.051(6) may file an application with the court for a hearing to determine whether the representative should be reinstated.
Terms Used In Texas Estates Code 361.054
- 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 - Decedent: A deceased person.
- Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Oath: includes affirmation. See Texas Government Code 311.005
- Oath: A promise to tell the truth.
- personal representative: include :
(1) an executor and independent executor;
(2) an administrator, independent administrator, and temporary administrator; and
(3) a successor to an executor or administrator listed in Subdivision (1) or (2). See Texas Estates Code 22.031 - Property: means real and personal property. See Texas Government Code 311.005
(c) On the filing of an application under Subsection (b), the court clerk shall issue to the applicant and to the successor representative of the decedent‘s estate a notice stating:
(1) that an application for reinstatement has been filed;
(2) the name of the decedent from whose estate the applicant was removed as personal representative; and
(3) the name of the applicant for reinstatement.
(d) The notice required by Subsection (c) must cite all persons interested in the estate to appear at the time and place stated in the notice if the persons wish to contest the application.
(e) If, at the conclusion of a hearing under this section, the court is satisfied by a preponderance of the evidence that the personal representative applying for reinstatement did not engage in the conduct that directly led to the applicant’s removal, the court shall:
(1) set aside any order appointing a successor representative; and
(2) enter an order reinstating the applicant as personal representative of the estate.
(f) If the court sets aside the appointment of a successor representative under this section, the court may require the successor representative to prepare and file, under oath, an accounting of the estate and to detail the disposition the successor has made of the estate property.