Tex. Est. Code Section 361.102
Appointment Because of Death, Resignation, or Removal

(a)

If a person appointed as personal representative fails to qualify or, after qualifying, dies, resigns, or is removed, the court may, on application, appoint a successor representative if the appointment of a successor is necessary. The appointment may be made before a final accounting is filed or before any action on a final accounting is taken. In the event of death, the legal representatives of the deceased personal representative shall account for, pay, and deliver all estate property that was entrusted to the deceased personal representative’s care to the persons legally entitled to receive the property, at the time and in the manner ordered by the court.

(b)

The court may appoint a successor representative under this section without citation or notice if the court finds that the immediate appointment of a successor representative is necessary.

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Source: Section 361.102 — Appointment Because of Death, Resignation, or Removal, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.361.htm#361.102 (accessed Jun. 5, 2024).

361.001
Resignation Application 361.002
Immediate Appointment of Successor 361.003
Hearing Date 361.004
Hearing 361.005
Requirements for Discharge 361.051
Removal Without Notice 361.052
Removal with Notice 361.053
Removal Order 361.054
Removal and Reinstatement of Personal Representative Under Certain Circumstances 361.101
Requirements for Revocation of Letters 361.102
Appointment Because of Death, Resignation, or Removal 361.103
Appointment Because of Existence of Prior Right 361.104
Appointment When Named Executor Becomes an Adult 361.105
Appointment of Formerly Sick or Absent Executor 361.106
Appointment When Will Discovered After Grant of Administration 361.151
Payment to Estate While Office of Personal Representative Is Vacant 361.152
Further Administration with or Without Notice or Will Annexed 361.153
Rights, Powers, and Duties of Successor Representative 361.154
Successor Executor Also Succeeds to Prior Rights and Duties 361.155
Successor Representative to Return Inventory, Appraisement, and List of Claims or Affidavit in Lieu of Inventory, Appraisement, and List of Claims

Accessed:
Jun. 5, 2024

§ 361.102’s source at texas.gov

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Location: https://texas.public.law/statutes/tex._est._code_section_361.102

Original Source: Section 361.102 — Appointment Because of Death, Resignation, or Removal, https://statutes.capitol.texas.gov/Docs/ES/htm/ES.361.htm#361.102 (last accessed Jun. 5, 2024).