When someone creates a will, they usually choose a trusted person to serve as executor of their estate. Most executors faithfully carry out their duties. Occasionally, however, an executor fails to perform those duties—or worse, abuses the position. When that happens, Texas law gives courts the authority to remove the executor and appoint someone else.

The ability to remove an executor is an important safeguard designed to protect heirs, beneficiaries, and creditors while ensuring that estates are administered honestly and efficiently.

This article explains when a Texas court may remove an executor, what evidence is required, and why removal is considered an extraordinary remedy rather than a routine disagreement among family members.

What Is an Executor?

An executor (also called a "personal representative") is the individual appointed by a probate court to administer a deceased person's estate.

Typical responsibilities include:

• Gathering estate assets.
• Paying valid debts.
• Filing required tax returns.
• Protecting estate property.
• Keeping accurate financial records.
• Distributing property according to the will.

Because an executor acts in a fiduciary capacity, Texas law imposes a duty of loyalty, honesty, and reasonable care.

Texas Law Governing Removal

The Texas Estates Code expressly authorizes probate courts to remove a personal representative under certain circumstances.

Texas Estates Code § 404.0035 provides, in relevant part:

"The court may remove an independent executor if the independent executor:

(1) fails to make an accounting which is required by law;

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

(3) becomes incapable of properly performing the independent executor's fiduciary duties because of a material conflict of interest or other incapacity;

(4) becomes incapable of properly performing the duties because of imprisonment, ill health, or other material cause; or

(5) fails to timely file the affidavit or certificate required after being ordered by the court."

Similarly, dependent administrators may be removed under additional provisions of the Texas Estates Code when they neglect their statutory duties or mismanage estate assets.

Removal Is Not Based on Personality Conflicts

Many probate disputes begin with family disagreements.

One beneficiary believes the executor is "rude."

Another believes the executor favors one sibling.

Another simply disagrees with how quickly the estate is moving.

Those complaints alone usually are not enough.

Texas probate courts generally require actual statutory grounds—not merely strained family relationships.

Examples That May Justify Removal

Removal may be appropriate where an executor:

• Steals estate money.
• Refuses to provide required accountings.
• Ignores court orders.
• Commits fraud.
• Uses estate property for personal benefit.
• Allows estate assets to deteriorate.
• Has a disabling conflict of interest.
• Becomes physically or mentally incapable of administering the estate.

Each case depends on its specific facts.

What Does "Gross Misconduct" Mean?

The Estates Code uses the phrase "gross misconduct or gross mismanagement."

While every case is different, courts generally look for conduct significantly more serious than an ordinary mistake.

Examples might include:

• Selling estate assets far below market value.
• Failing to safeguard valuable property.
• Commingling estate funds with personal funds.
• Concealing financial information.
• Intentionally violating fiduciary duties.

Simple negligence or an isolated bookkeeping mistake typically will not justify removal by itself.

Can Beneficiaries Force Removal?

Interested persons—including heirs, devisees, and certain creditors—may ask the probate court to remove an executor.

The party seeking removal generally bears the burden of proving that one or more statutory grounds exist.

Evidence often includes:

• Bank records.
• Estate inventories.
• Financial accountings.
• Emails or correspondence.
• Witness testimony.
• Court filings.
• Probate records.

What Happens After Removal?

If the court removes an executor, it may appoint a successor personal representative.

The removed executor may also be required to:

• Turn over estate records.
• Deliver estate property.
• Provide a final accounting.
• Explain prior transactions.

If misconduct caused financial losses, additional civil claims may also be available depending on the circumstances.

Can an Executor Resign Instead?

Yes.

Sometimes an executor recognizes that continuing to serve is impractical because of illness, relocation, family conflict, or other personal reasons.

Rather than litigating removal, the executor may voluntarily resign, allowing the court to appoint a successor.

Practical Advice

Serving as executor carries significant legal responsibilities. Good communication, organized recordkeeping, and strict separation of estate assets from personal assets can prevent many probate disputes.

Likewise, beneficiaries should understand that not every delay or disagreement amounts to legal misconduct. Probate administration often involves collecting assets, resolving creditor claims, preparing tax filings, and satisfying numerous statutory requirements before distributions may occur.

Conclusion

Texas probate courts possess broad authority to remove executors who fail to perform their fiduciary duties, but removal is not granted lightly. The Estates Code protects estates from fraud, gross mismanagement, conflicts of interest, and other serious misconduct while recognizing that honest executors should not be removed simply because beneficiaries are dissatisfied.

If you believe an executor has breached fiduciary duties—or if you are serving as an executor facing allegations—obtaining experienced legal advice early can help protect both the estate and everyone involved.

At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.