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Texas Estates Code

§ 361.052 — REMOVAL WITH NOTICE

ES § 361.052Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part H. CONTINUATION OF ADMINISTRATION · Ch. 361. DEATH, RESIGNATION, OR REMOVAL OF PERSONAL REPRESENTATIVES; APPOINTMENT OF SUCCESSORS · Art. B. REMOVAL AND REINSTATEMENT OF PERSONAL REPRESENTATIVE

Statute text

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(a)The court may remove a personal representative as provided by Subsection (a-1) if:
(1)sufficient grounds appear to support a belief that the representative has misapplied, embezzled, or removed from the state, or is about to misapply, embezzle, or remove from the state, all or part of the property entrusted to the representative's care;
(2)the representative fails to return any account required by law to be made;
(3)the representative fails to obey a proper order of the court that has jurisdiction with respect to the performance of the representative's duties;
(4)the representative is proved to have been guilty of gross misconduct, or mismanagement in the performance of the representative's duties;
(5)the representative:

Legislative history

Acts 2017, 85th Leg., R.S., Ch. 514 (S.B. 39), Sec. 1(a), eff. September 1, 2017. Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 34, eff. September 1, 2023. Acts 2025, 89th Leg., R.S., Ch. 818 (S.B. 1335), Sec. 2, eff. September 1, 2025.