Removing an Executor in Tarrant County: Grounds, Process & Costs

When a named executor stops responding to beneficiaries, misses court deadlines, or starts making decisions that benefit themselves at the estate’s expense, the question shifts quickly from “what should we do?” to “how do we remove them?” Removing an executor in Texas requires a court order, a valid legal ground, and a petition filed in the right court. In Tarrant County, that means one of two statutory probate courts located at 100 West Weatherford Street in Fort Worth. Fort Worth Probate Attorney Kyle Robbins explains what Tarrant County families should know about the executor removal process and what to expect at every step.

Key Takeaways

• Removal requires a statutory ground - a beneficiary who simply disagrees with the executor’s decisions does not have grounds for removal under Texas law.
• The petition is filed in Tarrant County Probate Court - either Court No. 1 (Judge Patricia Burns) or Court No. 2 (Judge Brook Bell), both at 100 West Weatherford Street, Fort Worth.
• Attorney representation is required - both Tarrant County statutory probate courts require a licensed Texas attorney for executor removal proceedings.
• Emergency removal without notice is possible - but only in narrow circumstances, such as when the executor cannot be served or there is evidence of misapplication of estate assets.
• The removed executor may face personal liability - for losses caused by their misconduct, which can be pursued through a breach of fiduciary duty claim.

What Grounds Justify Removing an Executor in Texas

Texas law does not allow a court to remove an executor simply because beneficiaries are unhappy with how things are going. The Texas Estates Code sets out specific grounds that must be met, and the court has broad discretion in weighing the evidence at a removal hearing. Understanding those grounds is the first step in deciding whether a removal petition makes sense for your situation.

For independent executors, the controlling statute is Tex. Est. Code §404.003. For dependent executors, the grounds appear in §361.051 through §361.054. Both statutes share common themes, and the most frequently cited grounds in Tarrant County matters include:

• Failure to file required documents - an executor who misses the 90-day inventory deadline under Tex. Est. Code §309.051 is in violation of a statutory obligation. If the executor has also stopped communicating with beneficiaries, that combination is often what triggers a removal petition.
• Gross misconduct or gross mismanagement - this covers a wide range of behavior, from reckless investment of estate assets to intentional disregard of beneficiary interests.
• Misapplication or embezzlement of estate property - if the executor is using estate funds for personal expenses or otherwise converting assets, this is one of the most serious grounds and can support an emergency removal without prior notice.
• Incapacity or imprisonment - an executor who becomes legally incapacitated or is incarcerated cannot perform their duties and may be removed.
• Material conflict of interest - Texas law specifically provides that an independent executor can be removed due to a material conflict of interest. A common example is an executor who is also a creditor of the estate and is prioritizing their own claim over those of other beneficiaries.
• Inability to be served or located - if the executor has disappeared or cannot be reached, the estate cannot move forward and removal becomes necessary.
• Nonresident executor without a Texas resident agent - a non-Texas resident serving as executor must appoint a resident agent for service of process. Failure to do so is a statutory ground for removal.

One ground that does not qualify: a beneficiary who simply disagrees with how the executor is handling the estate. Reasonable people can disagree about timing, strategy, or which assets to sell first. Courts in Tarrant County will not remove an executor based on disagreement alone. The petitioner must point to specific conduct that meets one of the statutory grounds.

“The most common removal matters I see in Tarrant County involve executors who have gone silent. They stopped filing required documents, stopped returning calls, and sometimes stopped taking any action at all. Beneficiaries are left waiting, the estate is losing value, and no one has authority to step in. That combination, missed deadlines plus no communication, is often enough to support a removal petition.” - Fort Worth Probate Attorney Kyle Robbins

Both Probate Court No. 1 (Judge Patricia Burns) and Probate Court No. 2 (Judge Brook Bell) apply these same statutory standards. The judge has discretion in how to weigh the evidence, which is one reason having experienced legal representation at the hearing matters.

Step-by-Step: How the Executor Removal Process Works in Tarrant County

The removal process follows a defined procedural path. Understanding each step helps you know what to expect and where delays are most likely to occur.

Step 1: Confirm You Have Standing

Only an “interested person” may file a petition for removal. Under the Texas Estates Code, this includes beneficiaries named in the will, creditors of the estate, co-executors, and other parties with a legal interest in the estate. The court may also act on its own motion in some circumstances. If you are a beneficiary of a Tarrant County estate, you have standing to file.

Step 2: Hire a Probate Attorney

Both Tarrant County statutory probate courts require attorney representation for estate administration proceedings. This is not optional. The Tarrant County Clerk Probate FAQs answer the question “Am I allowed to file to probate my relative’s will without an attorney?” with a direct “No.” A removal petition is an estate administration proceeding, and the same rule applies. More on this in the final section below.

Step 3: Draft and File the Petition for Removal

Your attorney will prepare a Petition for Removal setting out the grounds, the supporting facts, and the relief requested. The petition is filed with the Tarrant County Clerk, Probate Division, at 100 West Weatherford Street, Fort Worth, TX 76196. The filing fee for administration matters is $392. Some documents may be submitted through the Tarrant County Clerk’s online filing portal.

Step 4: Service on the Executor

In most cases, the executor must be cited by personal service and given an opportunity to respond before the court holds a hearing. This is a constitutional due process requirement. The executor has the right to contest the removal, present evidence, and cross-examine witnesses.

Step 5: Emergency Removal Without Notice (Narrow Exception)

A narrow exception exists under Tex. Est. Code §404.003. The probate court, on its own motion or on the motion of an interested person, may remove an independent executor without notice in limited circumstances. These include situations where the executor cannot be served, or where there is evidence of misapplication or embezzlement of estate property. This is not the standard path, and courts apply it carefully.

Step 6: The Hearing

At the hearing, the petitioner bears the burden of proving the grounds for removal by a preponderance of the evidence. This means it must be more likely than not that the statutory ground exists. The court may hear testimony, review documents, and consider any response the executor files.

Step 7: Court Order and Successor Appointment

If the court grants removal, it will issue an order removing the executor and typically appoint a successor executor (if one is named in the will) or an administrator. The removed executor must surrender all estate assets, records, and property.

Contested removal hearings in Tarrant County can take several months depending on court docket load and how aggressively the executor contests the petition. For matters involving estate litigation, the timeline may extend further if discovery is needed. If the estate requires court supervision going forward, the matter may transition to dependent administration, which adds oversight but also adds time and cost.

Ready to move forward? Kyle Robbins offers consultations for Tarrant County probate matters. Book a Call →

Independent vs. Dependent Executors: Does the Type of Administration Matter?

The type of administration affects how a removal proceeding works in practice. Most Texas wills, and most Tarrant County estates, are administered independently. Understanding the distinction helps you know which statute applies to your situation.

An independent executor (defined under Tex. Est. Code §22.031) operates with minimal court oversight. Once appointed, an independent executor can sell property, pay debts, and distribute assets without seeking court approval at each step. This efficiency is why most wills in Texas opt for independent administration. However, it also means there is less built-in court supervision to catch problems early.

A dependent executor, by contrast, operates under court supervision at nearly every step. Before selling estate property or making distributions, a dependent executor must seek court approval. Because the court is already involved in the administration, problems with a dependent executor tend to surface more quickly.

For removal purposes, independent executors are governed primarily by Tex. Est. Code §404.003, which includes the specific no-notice exception described above. Dependent executors are governed by §361.051 through §361.054. The grounds for removal overlap significantly, but the procedural path can look somewhat different because the court is already engaged in a dependent administration.

If removal is granted and no successor executor is named in the will, the court may convert the estate to dependent administration under ongoing court supervision. That conversion protects beneficiaries but adds time and cost to the overall estate settlement. Families who are already dealing with a delayed estate should factor this into their planning when deciding whether to pursue removal.

What Happens After an Executor Is Removed in Tarrant County

Removal is not the end of the process. It is, in many ways, the beginning of a new phase. Here is what typically follows a court-ordered removal in Tarrant County.

The removed executor must surrender everything. All estate assets, financial records, account information, property deeds, and any other estate-related materials must be turned over to the court or the successor. Failure to comply can result in contempt proceedings.

The court appoints a successor. If the will names a successor executor, that person is typically appointed. If no successor is named, the court will appoint an administrator to continue the administration. Either way, the new representative must get up to speed on the estate’s status, which takes time.

The estate may move to dependent administration. If the court determines that additional oversight is needed to protect beneficiaries, it may place the estate under dependent administration. You can learn more about the overall Tarrant County process on the Tarrant County probate process page.

The removed executor may face personal liability. When an executor’s misconduct caused financial harm to the estate, a breach of fiduciary duty claim can be brought against them personally. This means the estate (and ultimately the beneficiaries) may be able to recover losses from the removed executor’s own assets.

The timeline resets in part. A new executor must review what has been done, identify what remains outstanding, and begin moving the estate forward again. In a Tarrant County estate that already has a home, financial accounts, and other assets, this gap in authority can cloud title or delay a sale.

One deadline to keep firmly in mind: under Tex. Est. Code §256.003, there is a four-year deadline to probate a will in Texas. If the original executor delayed the process significantly, the successor may be working against this hard deadline. With Tarrant County’s median home value at $323,900 and a homeownership rate of 59.3%, most estates here include real property. A gap in executor authority that delays a sale or transfer is not a minor inconvenience. It can cost beneficiaries real money.

How Much Does It Cost to Remove an Executor in Tarrant County?

Cost is one of the first questions families ask, and it deserves a direct answer. The total cost of a removal proceeding depends on several variables, but here are the main components.

Court filing fees. The Tarrant County Clerk charges $392 for administration-related filings. Certified copies cost $5 for the certification plus $1 per page. These fees are fixed and apply regardless of how the case proceeds.

Attorney fees. Executor removal is a contested matter. At Fort Worth Probate Attorney, contested and dependent administration matters are billed at $595 per hour for attorney time and $295 per hour for paralegal time. Most Tarrant County probate firms handling contested matters bill hourly, so the total depends on how much work the case requires.

Complexity variables. The main cost drivers are:

• Whether the executor contests the removal (a contested hearing requires more preparation and court time than an uncontested matter)
• How many hearings the court requires before ruling
• Whether asset tracing is needed, for example, if embezzlement is alleged and financial records must be reconstructed
• Whether the matter involves additional claims, such as a breach of fiduciary duty action against the removed executor

Total range. A straightforward removal where the executor does not contest the petition may resolve with a few thousand dollars in attorney time. A contested multi-hearing removal, particularly one involving allegations of embezzlement or mismanagement, can cost significantly more. There is no reliable fixed estimate because the facts of each case drive the outcome.

One point worth noting: if the removed executor caused financial harm to the estate, those losses may be recoverable from the executor personally. That potential recovery can offset some of the cost of the proceeding, though it does not eliminate the upfront investment.

All fees quoted here depend on the facts of the case. The exact scope is confirmed in a free consultation before work begins. Court costs are separate. Pricing is current as of 2026 and subject to change.

Have questions about what removal might cost in your situation? Kyle Robbins offers free consultations for Tarrant County probate matters. Book a Call →

Do You Need a Probate Attorney to Remove an Executor in Tarrant County?

The short answer is yes, and this is not simply a recommendation. It is the rule in Tarrant County.

Both Tarrant County statutory probate courts publish Pro Se Policies that govern who may appear without an attorney. The Tarrant County Probate Court No. 1 Pro Se Policy lists applying to probate a will, seeking appointment as executor, and applying to become administrator as actions requiring a licensed attorney because they involve third-party interests. Court No. 2’s policy states directly that the court will not appoint a personal representative unless that person is represented by a Texas-licensed attorney. The Tarrant County Clerk’s Probate FAQs answer the question about filing without an attorney with a single word: “No.”

The reason behind this rule matters. An executor or administrator acts for the estate’s beneficiaries and creditors, not only for themselves. Only a licensed attorney may represent another person’s interests in a Texas court. Filing a removal petition or seeking appointment as a successor without a license is the unauthorized practice of law under Tex. Gov’t Code §81.102.

There is one narrow exception. An executor who is also the estate’s sole beneficiary may proceed without an attorney, because there is then no other person’s interest to represent. Suday v. Suday, 716 S.W.3d 586 (Tex. 2025). However, most wills name multiple beneficiaries, and most removal petitions are filed by a beneficiary who is not the sole heir. For the vast majority of Tarrant County removal proceedings, the exception does not apply.

Tarrant County Probate Courts are formal statutory courts, not informal county court proceedings. They have full pleading requirements, notice rules, and evidentiary standards. A defective petition, a missed notice deadline, or improperly authenticated evidence can each result in a reset hearing, adding weeks or months to an already difficult process.

“I have seen families file removal petitions on their own, and the most common outcome is not a denial. It is a delay. The court sends the matter back because the petition is defective, or the notice was not served correctly, or the evidence was not authenticated. By the time they come to us to fix it, they have lost months and the estate has continued to sit without proper oversight. Starting with counsel is almost always less expensive than repairing a procedural mistake halfway through.” - Fort Worth Probate Attorney Kyle Robbins

For a Tarrant County estate that includes a home valued near the county median of $323,900, plus financial accounts and other assets, fixing a procedural mistake midway through a removal proceeding typically costs more than a consultation at the start. The courts are formal, the rules are enforced, and the stakes are real.

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When an executor is failing the estate, whether through inaction, mismanagement, or outright misconduct, Tarrant County beneficiaries have legal tools available to them. The removal process under Tex. Est. Code §404.003 is well-established, and courts here apply it regularly. The key is knowing the grounds, following the correct procedure, and having experienced representation before Probate Court No. 1 or No. 2.

At Fort Worth Probate Attorney, Tarrant County probate and estate administration is all we do. Probate attorney Kyle Robbins has guided families through contested removal proceedings, successor appointments, and the complicated aftermath that follows when an executor has mismanaged an estate. If you believe the executor in your case is failing their duties, the first step is a conversation about what the evidence shows and whether the statutory grounds are met.

This article is for informational purposes only and does not constitute legal advice. Every probate case is unique. Consult a licensed Texas attorney for advice specific to your situation.

Pricing Note: Any fees and price ranges shown are estimates based on typical cases. Actual costs vary depending on your unique circumstances, asset complexity, and family situation. Contact Kyle Robbins at the Fort Worth Probate Attorney office for an exact quote.