How to change the probate administrator

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How to change the probate administrator

We sign papers for the step mom
to be the administrator of the will
now that she has this power she’s
not letting anyone know what going
on and want let any of my fathers
kids in the house only her kid from
another dad a state they have
gone through everything

Asked on June 7, 2017 under Estate Planning, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Interested parties (e.g. heirs and potential heirs) who believe that the adminstrator is violating her fiduciary duty (her law-imposed duty to act fairly and responsibly in the interests of the estate's creditors and heirs) can bring a legal action in chancery court (a part or division of county court) seeking to hold the adminstrator accountable and to replace her if necessary. Ideally, you should retain a probate attorney to help you: this sort of action is more complicated and "technical" than the typical lawsuit filed a "pro se" (acting as his/her own attorney) litigant, like a small claims court. But if determined to not use a lawyer and to be your own attorney, contact the chancery court clerk's office for instructions on how to file.


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