Executor Qualifications for Probate with Will

What are the Qualifications for an Executor? (Probate With Will)

Generally, in order for anyone to be an executor, they have to meet the following qualifications:

1. They should be a resident of the State of Texas. The exception to this rule, is where the out of state resident designates a “resident agent for service” (a person that will receive claims and can be served with citation if a claim or lawsuit is filed). If that is done, they can serve as executor even if they are outside the State. This is done through a simple procedure whereby the attorney handling the probate of the will has the client designate him or her as the resident agent for service. This is a document that is filed with the court and allows the out of state resident to serve as executor
2. They should have a clean record with no convictions of felonies or crimes of moral turpitude on their record. Recently, the law was changed so that a judge could still appoint such a person executor, however it is not advised to depend on this.
3. The executor should not be incompetent or incapacitated—that is, they should not have been determined to be incompetent by a doctor or in a court legal proceeding.
4. They should be an adult. (above 18).

          A person can be an executor and be designated in the will as a person receiving property            of the estate (a beneficiary).

Please remember that this is general information and is not intended to be legal advice. If you want specific advice on your estate plan, please call us for a free consultation.