Tex. Est. Code § 361.105 · Subchapter C. APPOINTMENT OF SUCCESSOR REPRESENTATIVE
APPOINTMENT OF FORMERLY SICK OR ABSENT EXECUTOR.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) This section applies only to a person named as executor in a will who was sick or absent from the state when the testator died or the will was proved and, as a result, could not:
(1) present the will for probate before the 31st day after the date of the testator's death; or
(2) accept and qualify as executor before the 21st day after the date the will is probated.
(b) A person to whom this section applies may accept and qualify as executor before the 61st day after the date the person returns to the state or recovers from illness if proof is presented to the court that the person was ill or absent.
(c) If a person accepts and qualifies as executor under Subsection (b) and letters testamentary or of administration have been issued to another person, the court shall revoke the other person's letters.
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.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.361.htm
- Text hash
- sha256 bffff8b513bdc9fcd197d98b338468b9977a3077d21b20a71e0cd9134631f60d
- 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
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.