How Do I Remove an Executor in Texas?

 Posted on December 20, 2025 in Estate Planning and Administration

An executor is supposed to manage an estate fairly, follow the will, and act in the best interests of beneficiaries. When that does not happen, frustration and conflict often follow. If you believe an executor is mishandling an estate, Texas law may allow for removal.

 Probate courts across the state follow clear legal standards for these disputes. If you are dealing with this situation, speaking with our Hill County, TX estate planning lawyer can help you understand whether removal is possible and how to move forward.

When Can an Executor Be Removed in Texas?

Not every disagreement is a good reason to remove an executor. Texas courts require valid legal reasons. The main statute governing removal is Texas Estates Code § 404.003, which lists specific grounds for removing an independent executor.

 Courts focus on behavior, not personality conflicts. The issue is whether the executor’s actions are harming the estate or putting beneficiaries at risk.

What Are Common Grounds for Removing an Executor?

Certain problems come up often in executor removal cases. These issues are taken seriously by Texas probate courts. Common examples include:

• Failing to follow the will or comply with court orders
• Mismanaging estate assets through waste, poor records, or self-dealing
• Failing to provide the required financial reports or accounting
• Being unable to serve because of incapacity or prolonged absence
• Acting for personal benefit instead of the estate’s best interests

These issues must usually be supported by evidence, not just suspicion. Courts typically look for documents, financial records, missed filings, or other clear proof before ordering removal.

Who Can Ask the Court To Remove an Executor?

Not everyone has the right to seek removal. In most cases, beneficiaries named in the will have standing to raise concerns. Creditors or other interested parties may also be able to act in certain situations. The request is made through the probate court handling the estate. The court then decides whether removal is appropriate based on the facts and the law.

What Is the Process for Removing an Executor in Texas?

Removal usually begins with filing a motion or application in probate court. The executor is generally entitled to notice and an opportunity to respond.

 The law allows removal without notice in limited emergencies, such as when estate assets are in immediate danger. However, these cases are uncommon and require strong proof.

Does Removing an Executor Delay the Estate?

Removing an executor can delay the estate, but allowing a problematic executor to continue often causes more delay and harm. Courts aim to protect the estate and move the process forward. A new executor may need time to review records and correct problems, but this step can bring clarity and accountability back to the estate.

Why Legal Guidance Matters in Executor Disputes

Executor removal cases can feel complicated, especially when court rules and deadlines are involved. Even small missteps, like filing the wrong paperwork or missing required evidence, can affect how the court views your concerns.

 An attorney can walk through the executor’s actions with you, explain whether removal makes sense, and guide you through the probate court process step by step. This helps make sure your concerns are clearly presented and grounded in the law.

Contact a Hood County, TX Estate Planning Attorney

At Cain & Kiel Law, we help clients understand their rights and options under Texas probate law. Attorney Scott Cain brings a unique perspective to these cases. He is a certified mediator, the owner of Trinity Abstract & Title in Cleburne, and has served as Cleburne’s Mayor since 2012. The community trusts him, and so can you. To discuss your situation and next steps with our Hill County, TX estate planning lawyer, call 817-645-1717 today.