Removing Executor From Office

The case of In re Estate of Clark, 198 S.W.3d 273 (Tex. App.—Dallas 2006, pet. filed), demonstrates that executors should timely obey court orders or else risk removal from office.

The appellate court agreed that the trial court did not abuse its discretion in removing the executor from office.  The estate has been under dependent administration for over two decades and the executor had been in office since 2000.  The court reviewed the executor’s conduct and determined that removal was appropriate under Texas Probate Code § 222(b)(3) for failing to obey a valid court order.  The trial court had ordered the executor to sell the estate’s remaining assets and almost three years later the sales were not completed.  There was also evidence that the executor had overstated his progress by claiming in court reports that purchase contracts existed when in reality they did not.