Tex. Est. Code § 304.003 · Chapter 304. PERSONS WHO MAY SERVE AS PERSONAL REPRESENTATIVES
PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR ADMINISTRATOR.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided by Subsection (b), a person is not qualified to serve as an executor or administrator if the person is:
(1) incapacitated;
(2) a felon convicted under the laws of the United States or of any state of the United States unless, in accordance with law, the person has been pardoned or has had the person's civil rights restored;
(3) a nonresident of this state who:
(A) is a natural person or corporation; and
(B) has not:
(i) appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate; or
(ii) had that appointment filed with the court;
(4) a corporation not authorized to act as a fiduciary in this state; or
(5) a person whom the court finds unsuitable.
(b) A person described by Subsection (a)(2) is not disqualified from serving as an executor of a decedent's estate under Subsection (a)(2) if:
(1) the person is named as executor in the decedent's will;
(2) the person is otherwise qualified to serve as an executor; and
(3) the court approves the person serving as an executor.
Notes and commentary — not statutory text
History
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 19, eff. September 1, 2023.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.304.htm
- Text hash
- sha256 cdd493fd24a848b797ac26eb237701a61f36d925e6688ba65e82206a7b57fe06
- 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
Cited by 2 provisions
Provisions in this library whose text cites Tex. Est. Code § 304.003. 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.