Removing a Probate Executor: What You Need to Know

When dealing with probate law, the executor plays a crucial role in managing the estate according to the deceased’s wishes. If there is no Will, this role is typically referred to as an administrator. However, conflicts can arise—especially when an executor is a sibling and other heirs feel their interests are being neglected or the estate is being mismanaged.

Grounds for Removing an Executor

If tensions escalate, heirs may seek to remove the executor and appoint a more suitable replacement. Courts can also remove an executor without notice under specific circumstances outlined in Texas Estates Code, Section 361.051. However, heirs must formally request removal through probate litigation.

Common reasons for removal include:

• Embezzlement or serious financial misconduct
• Failure to provide an accounting as required by law
• Disregarding probate court orders
• Gross mismanagement of the probate estate assets
• Incapacitation preventing the executor from fulfilling duties
• “Other causes” that hinder proper estate administration (admittedly wide-open).

Challenges in Executor Removal

Before pursuing removal, heirs should consider potential pitfalls:

• The court must decide who will replace the executor. If heirs propose a replacement, the current executor may object.
• In many cases, courts appoint a neutral third-party probate attorney, whose fees are charged to the estate—often making this option less desirable than keeping the current executor.

What Happens at a Removal Hearing?

If the court finds significant estate mismanagement affecting heirs’ distributions, then the executor is likely to be removed. However, if the issue is a lack of communication, the court may simply order the executor to provide more information rather than remove them.

Final Considerations

Removing an executor is a legal step that should be pursued only if it truly benefits the estate. If the issue is merely a personal conflict, then removal may not be the best course of action. A good suggestion is to suggest a pre-motion mediation with the executor.  Oftentimes, this is a cheaper means of settling disputes.  Consulting a probate attorney experienced in estate litigation can help determine the best approach.