Tex. Est. Code Section 305.051
Oath or Declaration of Executor or Administrator with Will Annexed

(a)

Before the issuance of letters testamentary or letters of administration with the will annexed, the person named as executor or appointed as administrator with the will annexed shall:

(1)

take and subscribe an oath as prescribed by Subsection (b); or

(2)

make and sign a declaration as prescribed by Subsection (c).

(b)

If the person named as executor or appointed as administrator with the will annexed elects to take an oath under this section, the person shall take and subscribe an oath in substantially the following form:
I do solemnly swear that the writing offered for probate is the last will of ________ (insert name of testator), so far as I know or believe, and that I will well and truly perform all the duties of __________ (insert “executor of the will” or “administrator with the will annexed,” as applicable) for the estate of _______ (insert name of testator).

(c)

If the person named as executor or appointed as administrator with the will annexed elects to make a declaration under this section, the person shall make and sign a declaration in substantially the following form:
My name is ________ (insert name of “executor of the will” or “administrator with the will annexed” as it appears on the order appointing the person as executor or administrator with the will annexed), my date of birth is ________ (insert date of birth of “executor of the will” or “administrator with the will annexed,” as applicable), and my address is ________ (insert street, city, state, zip code, and country of “executor of the will” or “administrator with the will annexed,” as applicable). I declare under penalty of perjury that the writing offered for probate is the last will of ________ (insert name of testator), so far as I know or believe. I also solemnly declare that I will well and truly perform all the duties of ________ (insert “executor of will” or “administrator with the will annexed,” as applicable) for the estate of ________ (insert name of testator).
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. 24, eff. September 1, 2023.

Source: Section 305.051 — Oath or Declaration of Executor or Administrator with Will Annexed, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­305.­htm#305.­051 (accessed Jun. 5, 2024).

305.001
Definitions 305.002
Manner of Qualification of Personal Representative 305.003
Period for Taking Oath or Making and Signing Declaration 305.004
Period for Giving Bond 305.051
Oath or Declaration of Executor or Administrator with Will Annexed 305.052
Oath or Declaration of Administrator 305.053
Oath or Declaration of Temporary Administrator 305.054
Administration of Oath 305.055
Filing and Recording of Oath or Declaration 305.101
Bond Generally Required 305.102
Bond Required from Executor Otherwise Exempt 305.103
Bonds of Joint Personal Representatives 305.104
Bond of Married Person 305.106
General Formalities 305.107
Subscription of Bond by Principals and Sureties 305.108
Form of Bond 305.109
Filing of Bond 305.110
Failure to Give Bond 305.111
Bond Not Void on First Recovery 305.151
General Standard Regarding Amount of Bond 305.152
Evidentiary Hearing on Amount of Bond 305.153
Specific Bond Amount 305.154
Agreement Regarding Deposit of Estate Assets 305.155
Deposit of Estate Assets on Terms Prescribed by Court 305.156
Deposits of Personal Representative 305.157
Receipt for Deposits of Personal Representative 305.158
Bond Required Instead of Deposits by Personal Representative 305.159
Withdrawal of Deposits on Closing of Administration 305.160
Increased or Additional Bonds in Certain Circumstances 305.201
Personal or Authorized Corporate Sureties 305.202
Sureties for Certain Bonds 305.203
Affidavit of Personal Surety 305.204
Lien on Real Property Owned by Personal Sureties 305.205
Subordination of Lien on Real Property Owned by Personal Sureties 305.206
Release of Lien on Real Property Owned by Personal Sureties 305.207
Deposits by Personal Surety 305.251
Grounds for Requiring New Bond 305.252
Court Order or Citation on New Bond 305.253
Show Cause Hearing on New Bond Requirement 305.254
Effect of Order Requiring New Bond 305.255
New Bond in Decreased Amount 305.256
Request by Surety for New Bond 305.257
Discharge of Former Sureties on Execution of New Bond
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 305.051’s source at texas​.gov