Tex. Est. Code Section 301.051
Eligible Applicants for Letters

An executor named in a will, an administrator designated as authorized under Section 254.006 (Designation of Administrator), an independent administrator designated by all of the distributees of the decedent under Section 401.002 (Creation in Testate Estate by Agreement)(b) or 401.003 (Creation in Intestate Estate by Agreement), or an interested person may file an application with the court for:

(1)

the appointment of the executor named in the will;

(1-a)

the appointment of the designated administrator; or

(2)

the appointment of an administrator, if:

(A)

there is a will, but:
(i)
no executor is named in the will;
(ii)
the executor named in the will is disqualified, refuses to serve, is dead, or resigns;
(iii)
a person designated to serve as administrator under Section 254.006 (Designation of Administrator) is disqualified, refuses to serve, is dead, or resigns; or
(iv)
an authorized person other than the executor has not designated any person to serve as administrator under Section 254.006 (Designation of Administrator) as of the date of the filing of the application and the applicant notifies the court that the authorized person has no intention of doing so; or

(B)

there is no will.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 28, eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 17, eff. September 1, 2019.

Source: Section 301.051 — Eligible Applicants for Letters, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­301.­htm#301.­051 (accessed Jun. 5, 2024).

Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 301.051’s source at texas​.gov