2.  Procedures detailed by statute  PC § 221  EC Chapter 301, Subchapter A

3.  Court Action  1. Accept resignation immediately and appoint successor ▪ Only if a necessity exists ▪ PR (and sureties) not discharged until final account approved

4.  Court Action  2. Conduct hearing ▪ Normal method ▪ Judge sets date and citation is issued, usually by posting ▪ Discharge possible if PR: ▪ Submits satisfactory final account ▪ Turns over all estate property to new PR ▪ Follows all other court order

5.  On whose motion? ▪ Any interested person ▪ Court  Without notice ▪ PC § 222 ▪ EC § 362.051  With notice ▪ PC § 222 ▪ EC § 362.052

6.  Without notice grounds ▪ Failure to timely qualify ▪ Failure to timely file inventory ▪ Failure to give bond ▪ Leaves Texas for more than 3 months without permission ▪ Cannot be served with process ▪ Has or is about to misapply, embezzle, etc. ▪ Must be shown with clear and convincing evidence given under oath.

7.  With notice grounds ▪ Has or is about to misapply, embezzle, etc. ▪ Only need preponderance of evidence ▪ Failure to return a required accounting ▪ Failure to obey court order ▪ Gross misconduct or mismanagement ▪ Incapacitated ▪ Sentenced to penitentiary ▪ Failure to finish administration in three years ▪ Failure to file affidavit or certificate that notice given to beneficiaries ▪ Any other cause in court’s discretion

8.  Failure to qualify  Death  Resignation  Removal  Higher priority person requests appointment  Named PR becomes adult  Absent PR returns  Sick PR recovers  Will discovered after intestate administration opened

9.  Generally = the same  May have duty to sue original PR for damages.  Must file new inventory