Tx Executors Texas Withdrawal
Description
How to fill out Texas Executor's Deed - Estate To Five Beneficiaries?
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FAQ
This is known formally as ?renouncing?. A deed of renunciation must be signed, and once it is, your appointment will be terminated and you will not be able or be required to act as an executor of the estate.
If the information you receive suggests a breach of fiduciary duty, you can file a motion with the probate court to have the executor removed. Whether or not they will receive notice depends on the reason for their removal: if there is evidence of embezzlement, there will likely be no notice.
Section 361.001 of the Texas Estates Code outlines the formal process a personal representative must follow when resigning. Section 361.001 mandates a personal representative who wishes to resign submit a written application to the court clerk.
Ultimately, the probate court will decide whether or not to remove the executor. If you have a valid reason, like the executor is not following the deceased's wishes or they're not distributing the property correctly, then there's a good chance the probate court will grant your request.
Step 8: Distributing assets The executor generally has three years after their appointment to distribute the remaining assets (after debts and disputes are resolved). The Texas probate process can be fairly simple in most cases.