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How Do I Remove an Executor of an Estate in Texas?

How Do I Remove an Executor of an Estate in Texas?

Full question:

My brother is the executor of our Mother's estate and my sister and I don't trust him and would prefer to hire a third party to divide the estate. Can we do this and how? My brother is an attorney in Kansas and the assets of the estate are primarily in Kansas although Mom's residence at time of death was Peoria, Az.

Category: Wills and Estates
Subcategory: Executors and Administrators
Date: 04/07/2025
State: Texas

Answer:

Typically, a person’s estate is probated in the state of residence at death, however, ancillary administration may be needed in other states where property, such as a home, is located. A petition for removal for cause may be filed by anyone with an interest in the estate in AZ.

Please see the following AZ statute:

14-3611. Termination of appointment by removal; cause; procedure

A. A person interested in the estate may petition for removal of a
personal representative for cause at any time. On filing of the petition,
the court shall fix a time and place for a hearing. Notice shall be given
by the petitioner to the personal representative, and to other persons as
the court may order. Except as otherwise ordered as provided in section
14-3607, after receipt of notice of removal proceedings, the personal
representative shall not act except to account, to correct
maladministration or to preserve the estate. If removal is ordered, the
court also shall direct by order the disposition of the assets remaining
in the name of, or under the control of, the personal representative
being removed.

B. Cause for removal exists under any of the following circumstances:

1. If removal would be in the best interests of the estate.

2. If it is shown that a personal representative or the person seeking
the personal representative's appointment intentionally misrepresented
material facts in the proceedings leading to the personal representative's
appointment.

3. If it is shown that the personal representative has disregarded an
order of the court, has become incapable of discharging the duties of that
office, has mismanaged the estate or has failed to perform any duty
pertaining to that office.

4. If it is shown that the personal representative has disregarded the
reasonable written wishes of the decedent regarding the disposition of the
decedent's remains.

C. Unless the decedent's will directs otherwise, a personal
representative appointed at the decedent's domicile, incident to securing
appointment of himself or his nominee as ancillary personal
representative, may obtain removal of another who was appointed personal
representative in this state to administer local assets.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What to do if the executor is ignoring you?

If the executor is ignoring you, first try to communicate directly with them to express your concerns. If that fails, you can request a formal accounting of the estate to understand its status. If the executor continues to be unresponsive, you may consider filing a petition with the court to compel them to fulfill their duties. In Arizona, interested parties can seek the removal of an executor for mismanagement or failure to perform their responsibilities under Arizona statute 14-3611. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

How do you force an executor to settle an estate?

To compel an executor to settle an estate, you can file a petition in court requesting a hearing. You may need to demonstrate that the executor is not fulfilling their duties or is delaying the process without valid reasons. In Arizona, interested parties can petition for the executor's removal under certain circumstances, such as mismanagement of the estate (Ariz. Rev. Stat. § 14-3611). It may also be beneficial to consult with an attorney for guidance on the specific steps to take. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Who has more power, an executor or a trustee?

An executor and a trustee have different roles and powers. An executor manages the estate of a deceased person during probate, while a trustee manages assets held in a trust. The powers of each depend on the terms of the will or trust document. Generally, an executor has authority over the estate's distribution as per the will, while a trustee administers the trust according to its terms. If disputes arise, parties may seek legal counsel to clarify roles and responsibilities. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

What happens if one sibling wants to sell and the other doesn't?

If one sibling wants to sell an inherited property and the other does not, it can lead to conflict. Generally, all co-owners must agree to sell. If an agreement cannot be reached, the sibling who wants to sell may file a partition action in court, which can force the sale of the property. Each state has specific laws governing this process. In Arizona, co-owners can seek partition under Arizona Revised Statutes § 12-1210. Legal advice may be beneficial in navigating this situation. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

How do you deal with an uncooperative executor?

To address an uncooperative executor, start by documenting all communications and attempts to engage them. If the executor fails to respond or fulfill their duties, you can file a petition with the probate court to compel them to act. In Arizona, you may also seek their removal for cause under Arizona statute 14-3611, which outlines grounds for removal, including mismanagement or failure to perform duties. Consulting with an attorney can provide additional strategies for dealing with this issue. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*

Who holds an executor accountable?

An executor is held accountable by the probate court and the beneficiaries of the estate. Beneficiaries can request an accounting of the estate's assets and expenditures. If the executor mismanages the estate or fails to fulfill their duties, beneficiaries can petition the court for their removal under Arizona statute 14-3611. This statute allows interested parties to seek legal recourse if the executor does not act in the best interests of the estate. Consulting with an attorney can help beneficiaries understand their rights and options. *Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.*