Tex. Est. Code § 254.006 · Chapter 254. CERTAIN PROVISIONS IN, AND CONTRACTS RELATING TO, WILLS
DESIGNATION OF ADMINISTRATOR.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A testator may grant in a will to an executor named in the will or to another person identified by name, office, or function the authority to designate one or more persons to serve as administrator of the testator's estate.
(b) To be effective, a designation of an administrator of a testator's estate as authorized by a will under Subsection (a) must be in writing and acknowledged before an officer authorized to take acknowledgments and administer oaths.
(c) Unless the will provides otherwise, a person designated to serve as administrator of a testator's estate as provided by Subsection (a) may serve only if:
(1) each executor named in the testator's will:
(A) is deceased;
(B) is disqualified to serve as executor; or
(C) indicates by affidavit filed with the county clerk of the county in which the application for letters testamentary is filed or, if an application has not been filed, a county described by Section 33.001(a)(1) or (2) the executor's inability or unwillingness to serve as executor;
(2) the designation is effective as provided by Subsection (b); and
(3) the person is not disqualified from serving under Section 304.003.
(d) Unless the will or designation provides otherwise, a person designated as administrator of a testator's estate as provided by this section has the same rights, powers, and duties as an executor named in the will, including the right to serve as an independent administrator with the power to sell property without the need for consent of the distributees under Section 401.002 or 401.006.
Notes and commentary — not statutory text
History
Added by Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 8, eff. September 1, 2019.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.254.htm
- Text hash
- sha256 6fc4b4f07da3301c30cec867d91f739929fd1871d565782e5bc7900c1c0f51f9
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Estates Code
- Tex. Est. Code § 33.001PROBATE OF WILLS AND GRANTING OF LETTERS TESTAMENTARY AND OF ADMINISTRATION.Printed as Section 33.001(a)(1)
- Tex. Est. Code § 304.003PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR ADMINISTRATOR.Printed as Section 304.003
- Tex. Est. Code § 401.002CREATION IN TESTATE ESTATE BY AGREEMENT.Printed as Section 401.002 or 401.006
- Tex. Est. Code § 401.006GRANTING POWER OF SALE BY AGREEMENT.Printed as Section 401.002 or 401.006
Cited by 3 provisions
Provisions in this library whose text cites Tex. Est. Code § 254.006. Each shows the citation as that text prints it.
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.