Who is Qualified to Serve an Executor or Administrator of an Estate?

Section 304.003 of the Texas Estates Code identifies persons who are disqualified from serving as Executor or Administrator of an estate. This Section provides that a person is not qualified to serve if he or she is:

(1) incapacitated;

(2) a felon, unless he or she has been pardoned or has had his or her civil rights restored;

(3) a nonresident of Texas who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate; or had that appointment filed with the court;

(4) a corporation not authorized to act as a fiduciary in Texas; or

(5) a person whom the court finds unsuitable.

The term “unsuitable” is not defined; rather, a trial judge has the discretion to determine suitability based on unique facts and circumstances of each case.

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