Who Can Serve as Executor or Administrator of an Estate

Choosing the right executor for your estate is one of the most important decisions in estate planning. Understanding who can legally serve as an executor or administrator under Texas law helps ensure your estate will be properly managed when the time comes.

Legal Requirements for Executors in Texas

The Texas Estates Code establishes specific qualifications that a person must meet to serve as an executor or administrator of an estate. These requirements are designed to ensure that only qualified, trustworthy individuals are granted the authority to manage estate assets and fulfill the deceased person's final wishes.

Basic Qualifications

To serve as an executor or administrator in Texas, a person must be:

• At least 18 years old - Minors cannot serve as executors
• Of sound mind - The person must be mentally competent
• Not a felon - Unless the person's civil rights have been restored
• Not disqualified by a court - The court has discretion to disqualify inappropriate candidates

Disqualifying Factors

Texas law specifically prohibits certain individuals from serving as executors or administrators. The following people are automatically disqualified:

• Individuals who have been convicted of a felony (unless their civil rights have been restored)
• Those who are incapacitated or of unsound mind
• Non-residents of Texas (with some exceptions for family members and certain other situations)
• Corporations not authorized to act as fiduciaries in Texas

Order of Priority for Appointment

When someone dies with a valid will, the court generally follows the deceased person's choice of executor. However, when someone dies without a will (intestate) or when the named executor cannot or will not serve, Texas law establishes a specific order of priority for appointing an administrator.

According to the Texas Estates Code:

"The court shall grant letters testamentary or of administration to persons qualified to act, in the following order of priority..."

The order of priority is typically:

1. The surviving spouse
2. The principal devisee (primary beneficiary) of the estate
3. Any devisee (beneficiary)
4. The next of kin
5. A creditor of the estate
6. Any other person that the court finds suitable

Special Considerations for Non-Residents

Texas generally requires that executors and administrators be residents of the state. However, there are important exceptions to this rule:

• Surviving spouses can serve regardless of where they live
• Parents of the deceased can serve as non-residents
• Other close family members may be allowed to serve with court approval
• Corporate fiduciaries licensed in other states may be permitted in certain circumstances

Non-resident executors typically must appoint a resident agent to accept legal papers and may need to post additional bond.

Practical Considerations Beyond Legal Requirements

While meeting the legal qualifications is essential, there are additional practical factors to consider when choosing an executor:

Financial Responsibility

The executor will be handling potentially significant assets and must be trustworthy with money. Consider the person's track record with financial management and their own financial stability.

Organizational Skills

Estate administration involves substantial paperwork, deadlines, and coordination with various parties. Choose someone who is organized and detail-oriented.

Availability and Willingness

Serving as an executor is time-consuming and can be stressful. Make sure your chosen executor is willing to serve and has the time to devote to the responsibilities.

Relationships with Beneficiaries

Consider how well the potential executor gets along with your beneficiaries. Family conflicts can make estate administration much more difficult.

Corporate Executors

In some cases, it may be appropriate to name a bank, trust company, or other corporate entity as executor. Corporate executors offer several advantages:

• Professional experience in estate administration
• Impartiality in family disputes
• Continuity (they won't die or become incapacitated)
• Professional liability insurance

However, corporate executors typically charge fees for their services and may not provide the personal touch that a family member or friend would offer.

Naming Alternate Executors

It's wise to name one or more alternate executors in your will. Your first choice may predecease you, become incapacitated, or simply be unable or unwilling to serve when the time comes. Having alternates ensures that there will be someone qualified and willing to handle your estate.

Getting Professional Help

Choosing an executor is an important decision that should be made carefully and with full understanding of the legal requirements and practical considerations involved. An experienced estate planning attorney can help you evaluate potential executors and ensure your will is properly drafted to reflect your choices.

At Regan Law Firm, PLLC, we help clients understand the executor selection process and draft wills that clearly designate qualified individuals to handle their estates. We can also assist executors who have been named to understand their duties and navigate the probate process.