Executor Removal
Removing an Executor or Administrator for Cause in Texas
When the person in charge of an estate is mismanaging it, ignoring their duties, or harming the very people they're supposed to serve, Texas law lets the court remove them. Removal is serious relief, and the court needs real grounds — not just conflict between family members.
Removal for cause
Independent executor removal
Protecting estate assets
Collin & DFW probate courts
Why People Call
Protect the Estate Before the Damage Is Done
A fiduciary who is embezzling, neglecting required filings, or mismanaging property keeps causing harm until a court intervenes. While a removal action proceeds, we can ask the court to protect estate assets so the misconduct doesn't drain what's left before the case is decided. Moving promptly preserves both the estate and your leverage.
Grounds to remove for cause
Texas recognizes removal for cause where a personal representative has misapplied or embezzled estate property, failed to file a required inventory or account, engaged in gross misconduct or mismanagement, or become incapacitated (Tex. Est. Code §§ 361.051–361.052). An independent executor can be removed for cause under § 404.003.
What the court needs to see
Courts don't remove a fiduciary because the beneficiaries are unhappy. They need evidence of conduct that fits a statutory ground — missing money, missing filings, self-dealing, neglect, or incapacity. Our work is to convert suspicion into the documented, specific proof a probate judge can act on.
Interim protection of assets
Removal can take time, and the estate can't always wait. Where the facts justify it, we ask the court to safeguard estate property during the dispute so a problem fiduciary can't sell, spend, or hide assets while the removal question is pending.
Replacement and why this firm
Removing a fiduciary usually means installing a suitable successor to finish administration properly. Our team — Therese Gutierrez (English, Filipino, Tagalog) and Stephan D. Hwang, a litigator since 2007 with Fifth District appellate experience — handles these actions in the Collin County and North Texas probate courts. We are not board certified; we are a trial-ready probate litigation team.
Good Fit
Cases we are built to handle
The executor or administrator has taken or misused estate money or property
Required filings — an inventory or accounting — are overdue or were never made
There's gross mismanagement, neglect, or self-dealing harming the estate
The fiduciary has become incapacitated or is otherwise unfit to serve
You are an interested person with standing and a real stake in the estate
May Not Need Us
When a full probate lawyer may not be necessary
You dislike the executor but can't point to misconduct that fits a statutory ground
The complaints are about communication style or pace, not mismanagement or theft
The estate is so small that a removal fight would cost more than it could protect
How We Work
Clear next steps before you hire us
We start with a 15-minute attorney consultation to identify whether the estate has a court problem worth solving. If it does, we explain whether the matter fits a flat fee, hourly work, or contingency structure where appropriate.
Grounds and standing review
We confirm you're an interested person and test the facts against the statutory removal grounds so the petition rests on conduct a court can act on.
Petition and protect
We file for removal and, where warranted, seek interim protection of estate assets so misconduct can't continue while the matter is pending.
Removal and replacement
We pursue removal of the fiduciary and the appointment of a suitable successor to complete the administration the right way.
Common Questions
Probate Questions Before You Call
What are the grounds to remove an executor in Texas?
Can I get an executor removed just because we don't get along?
Can the estate be protected while removal is pending?
Related Probate Help
Seek Removal of a Problem Fiduciary
If the person running an estate is mismanaging or taking from it, our team will review the grounds and the fastest way to protect the assets. Serving McKinney, Southlake, and the DFW metroplex.