How to Disqualify an Executor or Administrator

Previously we reviewed the list of people that can serve as the Executor or Administrator of a Woodlands Probate Estate. In addition to being on that list, you have to be qualified to serve as the person in charge.

There are several conditions that can make a person who may seem to be the Executor or Administrator of an estate disqualified from being appointed by the Montgomery County Probate Court. If any of the following conditions apply to the proposed Executor or Administrator then the beneficiaries of the estate can have that person disqualified:

  • An incapacitated person;
  • A convicted felon, under the laws either of the United States or of any state or territory of the United States, or of the District of Columbia, unless such person has been duly pardoned, or his civil rights restored, in accordance with law;
  • A non-resident (natural person or corporation) of Texas who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate, and caused such appointment to be filed with the Montgomery County Probate Court;
  • A corporation not authorized to act as a fiduciary in Texas; or
  • A person whom the Montgomery County Probate Court finds unsuitable.