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Current as of January 01, 2024 | Updated by Findlaw Staff
The court, on the court's own motion or on the motion of any interested person, and without notice, may remove a personal representative appointed under this title who:
(1) neglects to qualify in the manner and time required by law;
(2) fails to return, before the 91st day after the date the representative qualifies, an inventory of the estate property and a list of claims that have come to the representative's knowledge, unless that deadline is extended by court order;
(3) if required, fails to give a new bond within the time prescribed;
(4) is absent from the state for a consecutive period of three or more months without the court's permission, or moves out of state;
(5) cannot be served with notices or other processes because:
(A) the representative's whereabouts are unknown;
(B) the representative is eluding service; or
(C) the representative is a nonresident of this state who does not have a resident agent to accept service of process in any probate proceeding or other action relating to the estate; or
(6) subject to Section 361.054(a), has misapplied, embezzled, or removed from the state, or is about to misapply, embezzle, or remove from the state, all or part of the property entrusted to the representative's care.
Cite this article: FindLaw.com - Texas Estates Code - EST § 361.051. Removal Without Notice - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-361-051/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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