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Successor Personal Representatives

Successor Personal Representatives. Resignation. Procedures detailed by statute PC § 221 EC Chapter 301, Subchapter A. Resignation. Court Action 1. Accept resignation immediately and appoint successor Only if a necessity exists

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Successor Personal Representatives

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  1. SuccessorPersonal Representatives

  2. Resignation • Procedures detailed by statute • PC § 221 • EC Chapter 301, Subchapter A

  3. Resignation • Court Action • 1. Accept resignation immediately and appoint successor • Only if a necessity exists • PR (and sureties) not discharged until final account approved

  4. Resignation • Court Action • 2. Conduct hearing • Normal method • Judge sets date and citation is issued, usually by posting • Discharge possible if PR: • Submits satisfactory final account • Turns over all estate property to new PR • Follows all other court order

  5. Removal • On whose motion? • Any interested person • Court • Without notice • PC § 222 • EC § 362.051 • With notice • PC § 222 • EC § 362.052

  6. Removal • Without notice grounds • Failure to timely qualify • Failure to timely file inventory • Failure to give bond • Leaves Texas for more than 3 months without permission • Cannot be served with process • Has or is about to misapply, embezzle, etc. • Must be shown with clear and convincing evidence given under oath.

  7. Removal • With notice grounds • Has or is about to misapply, embezzle, etc. • Only need preponderance of evidence • Failure to return a required accounting • Failure to obey court order • Gross misconduct or mismanagement • Incapacitated • Sentenced to penitentiary • Failure to finish administration in three years • Failure to file affidavit or certificate that notice given to beneficiaries • Any other cause in court’s discretion

  8. When court appoints successor • Failure to qualify • Death • Resignation • Removal • Higher priority person requests appointment • Named PR becomes adult • Absent PR returns • Sick PR recovers • Will discovered after intestate administration opened

  9. Powers and duties of successor • Generally = the same • May have duty to sue original PR for damages. • Must file new inventory

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