Successor

Personal Representatives

Resignation

Procedures detailed by statute PC § 221 EC Chapter 301, Subchapter A

Resignation

Court Action 1. Accept resignation immediately

and appoint successor▪ Only if a necessity exists▪ PR (and sureties) not discharged until

final account approved

Resignation

Court Action 2. Conduct hearing▪ Normal method▪ Judge sets date and citation is issued,

usually by posting▪ Discharge possible if PR:▪ Submits satisfactory final account▪ Turns over all estate property to new PR▪ Follows all other court order

Removal

On whose motion?▪ Any interested person▪ Court

Without notice▪ PC § 222▪ EC § 362.051

With notice▪ PC § 222▪ EC § 362.052

Removal

Without notice grounds▪ Failure to timely qualify▪ Failure to timely file inventory▪ Failure to give bond▪ Leaves Texas for more than 3 months

without permission▪ Cannot be served with process▪ Has or is about to misapply, embezzle,

etc.▪ Must be shown with clear and convincing

evidence given under oath.

Removal

With notice grounds▪ Has or is about to misapply, embezzle, etc.▪ Only need preponderance of evidence

▪ Failure to return a required accounting▪ Failure to obey court order▪ Gross misconduct or mismanagement▪ Incapacitated▪ Sentenced to penitentiary▪ Failure to finish administration in three years▪ Failure to file affidavit or certificate that

notice given to beneficiaries▪ Any other cause in court’s discretion

When court appoints successorFailure to qualifyDeathResignationRemovalHigher priority person requests

appointmentNamed PR becomes adultAbsent PR returnsSick PR recoversWill discovered after intestate

administration opened

Powers and duties of successor

Generally = the same

May have duty to sue original PR for damages.

Must file new inventory