Texas Estates Code
§ 361.054 — REMOVAL AND REINSTATEMENT OF PERSONAL REPRESENTATIVE UNDER CERTAIN CIRCUMSTANCES
ES § 361.054Title 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
View on source(a)The court may remove a personal representative under Section 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 Section 361.051(6) may file an application with the court for a hearing to determine whether the representative should be reinstated.
(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.
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Legislative history
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.