In re Estate of Washington, 262 S.W.3d 903 (Tex. App.—Texarkana 2008, no pet.).

Estate Administration

Removal of Administrator

 

The trial court on its own motion removed the administrator for failing to file required accountings under Probate Code § 222(b)(2). The appellant did not allege that the trial court did not have sufficient evidence to support the removal. Instead, the appellant claimed that the petitioners lacked standing or that limitations prevented them from intervening in the action. The court explained that the trial court has the authority to remove the administrator sua sponte and thus the issues of standing and limitations were irrelevant.

Moral: The court as the ability to remove an administrator on its own motion. If the removed administrator appeals, evidence showing an abuse of discretion is needed to set aside the removal.



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