When You Can Remove an Independent Executor
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:
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The List of Claims
The List of Claims is a document that must be attached with the probate Inventory when it is filed with the Harris County Probate Court. The List of Claims is used to document amounts due or owed to the Estate and must include:
(a) The name of each person indebted to the estate and his address if known.
(b) The nature of such debt, whether by note, bill, bond, or other written obligation, or by account or verbal contract.
(c) The date of such indebtedness, and the date when the same was or will be due.
(d) The amount of each claim, the rate of interest thereon, and time for which the same bears interest.
(e) In the case of decedent’s estate, which of such claims are separate property and which are of the community.
(f) What portion of the claims, if any, is held in common with others, giving the names and the relationships, if any, of other part owners, and the interest of the estate therein.
The Harris County Probate Court may refuse to accept a proposed Inventory if you forget to attach the List of Claims or if the documents are not properly prepared. A Houston Probate Attorney can help you fulfill your obligations and get through the Houston Probate process quickly.
Probate for Muniment of Title, Part 2
We previously reviewed the information that you must provide to the Harris County Probate Court to apply for Probate of Will as Muniment of Title. Upon receipt of the required information, you must prove to the satisfaction of the Harris County Probate Court that the following facts exist:
- That the person is dead, and that less than four years have elapsed since the person’s death and prior to the application for Muniment of Title; and
- That the Harris County Probate Court has jurisdiction and venue over the estate; and
- That citation has been served and returned in the manner and for the length of time required by law; and
- That there are no unpaid debts owing by the estate of the testator, excluding debts secured by liens on real estate.
In addition, you must prove that the Will is valid and that it was not revoked by the deceased.
If you fail to prove these requirements, the Harris County Probate Court will likely deny your application for Muniment of Title.
Speak with the Houston Probate Lawyer today to complete your Muniment of Title procedure quickly.