Executor Removal Process Texas

Summary

In Texas, removing an independent executor doesnt always require discovery. If you have evidence of misconduct, such as theft or omission of assets, you can petition for removal. Documented evidence is crucial, and a hearing may occur before or after discovery, depending on the case specifics. Consulting a probate attorney can strengthen your case.

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He stole my vehicle that was part of the Estate, he omitted a bank account ?
In Texas, to remove an independent executor, you generally need to provide evidence of misconduct or incapacity. Examples include:
- Mismanagement of estate assets
- Theft or fraud
- Failure to provide required accountings
You mentioned theft of a vehicle and omission of a bank account. These could be valid reasons. Have you documented this evidence?
yes. i put it into the petition.
It sounds like you have strong evidence for your case. If you have already documented and submitted this evidence in your petition, the court will review it. The next steps typically involve presenting your evidence during a hearing. If you haven't already, you might want to consult with a probate attorney to ensure your case is as strong as possible. Would you like assistance finding a local lawyer who can help with your case?
no. does a hearing occur before or after discovery ?
Case Rating: *
The timing of a hearing in relation to discovery can vary. Generally, in Texas probate cases, discovery can occur before a hearing to gather evidence, but a hearing can also be scheduled before discovery concludes, especially if there are urgent issues to address.
Do you have any more specific questions about the probate process?