Not every probate estate administration in the Harris County Probate Court is completed smoothly. Occasionally a beneficiary or heir of the estate may have concerns about the conduct of the Executor. Intentionally or unintentionally, sometimes an Executor fails to live up to their legal obligations as the fiduciary of an estate. The most common method of dealing with an Independent Executor that is acting improperly is to petition the Harris County Probate Court for their removal.

The law describes the specific criteria for when the Harris County Probate Court is authorized to remove a duly appointed independent executor. The Harris County Probate Court may remove an independent executor when:

(1)  the independent executor fails to return within ninety days after being appointed, unless such time is extended by order of the court, an inventory of the property of the estate and list of claims that have come to the independent executor’s knowledge;

(2)  sufficient grounds appear to support belief that the independent executor has misapplied or embezzled, or that the independent executor is about to misapply or embezzle, all or any part of the property committed to the independent executor’s care;

(3)  the independent executor fails to make an accounting which is required by law to be made;

(4)  the independent executor fails to timely file the affidavit or certificate required by Section 128A of the probate code;

(5)  the independent executor is proved to have been guilty of gross misconduct or gross mismanagement in the performance of the independent executor’s duties; or

(6)  the independent executor becomes an incapacitated person, or is sentenced to the penitentiary, or from any other cause becomes legally incapacitated from properly performing the independent executor’s fiduciary duties.

Speak with a Houston Probate Attorney today if you are involved in a dispute with an Executor or if you are designated as the Executor of an Estate and need help to protect yourself and fulfill your legal obligations.