How Is Someone Disqualified to Probate an Estate in Texas?
Texas law establishes certain requirements that a person nominated or appointed to administer an estate must satisfy. The failure of the designated individual to meet these basic requirements results in her disqualification to oversee the probate of an estate. The specific terms used in Texas law for a disqualified person are "unsuitable executor" or "unsuitable administrator," according to Texas Probate Code Section 78(e).
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Function
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The Texas probate code delineates who is a proper executor or administrator in order to protect the assets of the estate and the rights of the heirs. Typically, a breach of any of these essential elements harms the estate and the heirs designated in the will or established by law. An executor is the person who oversees an estate with a will; an administrator is the person who oversees an estate without a will.
Duties
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Breaches of duty that can disqualify a person to oversee an estate in Texas include the failure to prepare a proper accounting of estate assets and to make timely reports to the court. Another fundamental duty is to properly protect and secure the assets of the estate. The executor or administrator cannot use the assets for any personal purpose pursuant to Texas probate law.
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Pre-Appointment
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A prospective executor or administrator not yet officially appointed by the court can be disqualified in advance of appointment pursuant to Texas law. This can happen when an interested person (an heir to the estate or a close family member not listed as an heir in a will) lodges a written objection to the court. For example, the interested person alleges that the individual in question is an unqualified executor because she has interests that conflict with those of the estate and the heirs.
Post-Appointment
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If evidence of disqualification arises after an executor or administrator is appointed, there are a couple of courses through which the individual can be disqualified from service. First, the judge can remove the executor or administrator on his own volition. Second, as in the case of disqualification before appointment, an interested person can raise a written objection with the court.
Expert Assistance
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Issues surrounding an unsuitable executor or administrator are challenging under Texas law and probate procedure. Facing such a situation, your interests likely are best served by retaining representation from an experienced, qualified Texas probate attorney. The State Bar of Texas maintains a directory of attorneys in different practice areas, including probate law. Contact the organization at texasbar.com
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References
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