Tex. Est. Code § 401.002 · Chapter 401. CREATION
CREATION IN TESTATE ESTATE BY AGREEMENT.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) Except as provided in Section 401.001(b), if a decedent's will names an executor but the will does not provide for independent administration as provided in Section 401.001(a), all of the distributees of the decedent may agree on the advisability of having an independent administration and collectively designate in the application for probate of the decedent's will, or in one or more separate documents consenting to the application for probate of the decedent's will, the executor named in the will to serve as independent executor and request that no other action shall be had in the probate court in relation to the settlement of the decedent's estate other than the probating and recording of the decedent's will and the return of an inventory, appraisement, and list of claims of the decedent's estate. In such case the probate court shall enter an order granting independent administration and appointing the person, firm, or corporation designated by the distributees as independent executor, unless the court finds that it would not be in the best interest of the estate to do so.
(b) Except as provided in Section 401.001(b), in situations where no executor is named in the decedent's will, or in situations where each executor named in the will is deceased or is disqualified to serve as executor or indicates by affidavit filed with the application for administration of the decedent's estate the executor's inability or unwillingness to serve as executor, all of the distributees of the decedent may agree on the advisability of having an independent administration and collectively designate in the application for probate of the decedent's will, or in one or more separate documents consenting to the application for probate of the decedent's will, a qualified person, firm, or corporation to serve as independent administrator and request that no other action shall be had in the probate court in relation to the settlement of the decedent's estate other than the probating and recording of the decedent's will and the return of an inventory, appraisement, and list of claims of the decedent's estate. In such case the probate court shall enter an order granting independent administration and appointing the person, firm, or corporation designated by the distributees as independent administrator, unless the court finds that it would not be in the best interest of the estate to do so.
Notes and commentary — not statutory text
History
Added by Acts 2011, 82nd Leg., R.S., Ch. 1338 (S.B. 1198), Sec. 2.53, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 40, eff. September 1, 2015.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.401.htm
- Text hash
- sha256 363bd1e1c7c0f95fc8416302471065f03d381872acc76b9357dd41423d8f8a0c
- 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
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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.
Cited by 7 provisions
Provisions in this library whose text cites Tex. Est. Code § 401.002. Each shows the citation as that text prints it.
Estates Code
- Tex. Est. Code § 254.006DESIGNATION OF ADMINISTRATOR.Printed as Section 401.002 or 401.006
- Tex. Est. Code § 256.051ELIGIBLE APPLICANTS FOR PROBATE OF WILL.Printed as Section 401.002(b)
- Tex. Est. Code § 301.051ELIGIBLE APPLICANTS FOR LETTERS.Printed as Section 401.002(b) or 401.003
- Tex. Est. Code § 351.351APPLICABILITY.Printed as Section 401.002 or 401.003(a)
- Tex. Est. Code § 401.004MEANS OF ESTABLISHING DISTRIBUTEE CONSENT.Printed as Section 401.002 | Section 401.002 or 401.003
- Tex. Est. Code § 401.005BOND; WAIVER OF BOND.Printed as Section 401.002 or 401.003
- Tex. Est. Code § 401.007NO LIABILITY OF JUDGE.Printed as Section 401.002 or 401.003
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.