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It can be disappointing and frustrating to learn after a loved one has passed away that they named someone to be their executor (personal representative, under Texas law) whom you feel isn’t the right person for the job. You may feel this way even if the person in question is another family member.

While it’s typically best for people to let their loved ones know whom they’ve chosen for this responsibility, a lot of people don’t want to have this conversation – especially if they expect pushback. Sometimes, they just assume they’ll tell their family “later,” but that time never comes.

Examples of reasons for removal

As long as an executor meets the state’s minimum requirements and they’re willing to do the job, there has to be cause for a probate judge to remove a decedent’s choice to be their executor. Here are a few examples:

• They’re “incapable of properly performing any duties of trust.”
• They’ve engaged in “gross misconduct or mismanagement in the performance of any duties.”
• They’ve “misapplied, embezzled, or removed from the state” property belonging to the estate.
• They’ve failed to comply with a court order.

An executor can also be removed after three years if they’ve failed to settle the estate by then and haven’t been given an extension by the probate court.

Allegations require evidence

If you believe that there are one or more reasons under the law that your loved one’s chosen executor (or one appointed by the court) should be removed, you’ll need to provide evidence and make your case. Of course, if they are guilty of some kind of misconduct, such as stealing assets, it’s crucial to bring this to the court’s attention as soon as possible.

If a judge determines that the executor is acting in good faith but is simply in over their heads, a court may recommend that they get some professional assistance, whether it involves handling real estate, taxes or investments or the legalities of probate and estate administration.

If you’re considering taking steps to seek the removal of an executor for an estate to which you’re an heir or other beneficiary, a good first step is get experienced legal guidance. This will help you protect the estate and your interests without being accused of interfering with the executor’s responsibilities.