Appointing executors is an integral part of estate planning, but unfortunately, the best-laid plans don’t always unfold as expected. Circumstances may arise where an executor needs to be removed after the process of Probate has started. Useful information relating to the laws surrounding Probate in El Paso, TX can be found online, but removing an executor is a more complex issue that requires specific advice. As experienced Probate attorneys in El Paso and the surrounding areas, we can provide trusted advice on the subject.
Can a Probate Attorney Help to Change an Executor After Probate Has Begun in El Paso, TX?
Reasons to Change an Executor
Once Probate has been granted, the executors have the legal authority to act on behalf of the estate. Executors cannot be removed simply because a beneficiary or family member doesn’t like them, but there are some circumstances when it may be appropriate for the executor to be changed. Examples of these circumstances include when:
- the executor goes missing
- the executor is failing to act
- the executor is not distributing the estate properly
- the executor dies or becomes ill or incapacitated
- there is conflict of interest
- the executor is no longer willing to act
- there is a legal disqualification, such as a felony conviction
Authority to Request a Removal
Only certain people have the right to ask the court to remove an executor once Probate has been granted. These people are known as interested parties and will usually be the beneficiaries of the Will. Other interested parties who can request the removal of an executor may also include creditors, and any other individual who has a claim against the estate.
In rare circumstances, the court may decide to remove an executor without a request being made. This would typically only occur if the correct legal procedure required by the probate court is not being followed.
Removing an Executor
Once you’ve established there are reasonable grounds to remove an executor, there is a legal process which must be followed. You can’t simply tell someone they are no longer required to be an executor. Equally, an executor can’t simply decide to resign their responsibilities. Whatever the reason for the change, the process must be referred to the probate court.
In order for the probate court to agree that an executor can be removed, evidence must be supplied to support the claim. If an executor is being removed against their will or without their knowledge, such as a missing executor, the reason for their removal must be proven to the court’s satisfaction. If the court approves the removal of an executor, they can simultaneously appoint a replacement.
Resignation of an Executor
In some cases, the executor may resign rather than being subject to a removal. If an executor no longer wishes to act, they must make a written application to the court’s clerk. As part of this application, a final account of the estate must be provided. This would normally include the following information:
- Assets
- Debts and liabilities
- Income received
- Disbursements
- Remaining estate
Whether you want to remove an executor, resign as an executor, or just get advice about the process, we can help. Get in touch with us here at the Law Office of Albert Nabhan, PLLC to schedule a consultation.
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