Tex. Estates Code § 361.052
This is the official text of Tex. Estates Code § 361.052, part of Texas’s Estates Code — governs wills, probate, and estate administration.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
§ 361.052. REMOVAL WITH NOTICE.
Official statutory text
(a) The court may remove a personal representative as provided by Subsection (a-1) if:
(1) sufficient grounds appear to support a belief that the representative 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;
(2) the representative fails to return any account required by law to be made;
(3) the representative fails to obey a proper order of the court that has jurisdiction with respect to the performance of the representative's duties;
(4) the representative is proved to have been guilty of gross misconduct, or mismanagement in the performance of the representative's duties;
(5) the representative:
(A) becomes incapacitated;
(B) is sentenced to the penitentiary; or
(C) from any other cause, becomes incapable of properly performing the duties of the representative's trust; or
(6) the representative, as executor or administrator, fails to make a final settlement by the third anniversary of the date letters testamentary or of administration are granted, unless that period is extended by the court on a showing of sufficient cause supported by oath.
(a-1) The court may remove a personal representative for a reason described by Subsection (a) on:
(1) the court's own motion, after the personal representative has been notified by a qualified delivery method to answer at a time and place set in the notice; or
(2) the complaint of an interested person, after the personal representative has been cited by personal service to answer at a time and place set in the notice.
(b) If a personal representative, as executor or administrator, fails to timely file the affidavit or certificate required by Section 308.004, the court, on the court's own motion, may remove the personal representative after providing 30 days' written notice to the personal representative to answer at a time and place set in the notice, by a qualified delivery method to:
(1) the representative's last known address; and
(2) the last known address of the representative's attorney of record.
(1) sufficient grounds appear to support a belief that the representative 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;
(2) the representative fails to return any account required by law to be made;
(3) the representative fails to obey a proper order of the court that has jurisdiction with respect to the performance of the representative's duties;
(4) the representative is proved to have been guilty of gross misconduct, or mismanagement in the performance of the representative's duties;
(5) the representative:
(A) becomes incapacitated;
(B) is sentenced to the penitentiary; or
(C) from any other cause, becomes incapable of properly performing the duties of the representative's trust; or
(6) the representative, as executor or administrator, fails to make a final settlement by the third anniversary of the date letters testamentary or of administration are granted, unless that period is extended by the court on a showing of sufficient cause supported by oath.
(a-1) The court may remove a personal representative for a reason described by Subsection (a) on:
(1) the court's own motion, after the personal representative has been notified by a qualified delivery method to answer at a time and place set in the notice; or
(2) the complaint of an interested person, after the personal representative has been cited by personal service to answer at a time and place set in the notice.
(b) If a personal representative, as executor or administrator, fails to timely file the affidavit or certificate required by Section 308.004, the court, on the court's own motion, may remove the personal representative after providing 30 days' written notice to the personal representative to answer at a time and place set in the notice, by a qualified delivery method to:
(1) the representative's last known address; and
(2) the last known address of the representative's attorney of record.
Status: in_force · Read it on the official government site
Dealing with a probate matter in Texas?
See all Texas Probate lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.