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In re Estate of Clark, 198 S.W.3d 273 (Tex. App.—Dallas 2006, pet. filed).

Estate Administration

Removal of Executor

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

Moral:  Executors should timely obey court orders or else risk removal from office.

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