§ 883C. Removal of Community Administrator

Codes > Texas Probate Code > Chapter XIII > Part 5 : Subpart C > 883C. Removal

883C. Removal of Community Administrator

(a) A court, on its own motion or on the motion of an interested person and after the community administrator has been cited by personal service to answer at a time and place specified in the notice, may remove a community administrator if:

(1) the community administrator fails to comply with a court order for an inventory and appraisement, accounting, or subsequent accounting under Section 883B of this code;

(2) sufficient grounds appear to support belief that the community administrator has misapplied or embezzled, or that the community administrator is about to misapply or embezzle, all or any part of the property committed to the care of the community administrator;

(3) the community administrator is proved to have been guilty of gross misconduct or gross mismanagement in the performance of duties as community administrator; or

(4) the community administrator becomes an incapacitated person, is sentenced to the penitentiary, or for any other reason becomes legally incapacitated from properly performing the community administrator's fiduciary duties.

(b) The order of removal must state the cause of removal and shall direct by order the disposition of the assets remaining in the name or under the control of the removed community administrator.

(c) A community administrator who defends an action for the removal of the community administrator in good faith, regardless of whether successful, is entitled to recover from the incapacitated spouse's part of the community estate the community administrator's necessary expenses and disbursements in the removal proceedings, including reasonable attorney's fees.