Did you know that the individual named in your Will as your Executor is merely your suggestion. Is Your Executor Qualified to Serve?
Did you know that the Texas Estates Code disqualifies certain individuals. Texas Estates Code Section 304.003(2) sets forth who will be disqualified from accepting appointment as a personal representative. The Code provides that an incapacitated person, a convicted felon, a non-resident with no appointed resident agent, a corporation not authorized to act in Texas as a fiduciary, or any person found by the court to be unsuitable will be disqualified from accepting an appointment as an estate representative. A Texas court may also exercise its discretion in determining the person to be appointed as a representative. See Kay v. Sandier, 704 S.W.2d 430 (Tex. App.— Houston [14th Dist.] 1985 ref’d n.r.e).
Absent being named in a Will, the Texas Estates Code Section 304.001 sets forth the order of individuals qualified to act as the estate’s representative. This section also grants the court the discretion to decide who is qualified to serve in an order of preference as set forth in Texas Estates Code Section 304.001(a):
- Person named in the Decedent’s will;
- Surviving spouse;
- Principal beneficiary;
- Any beneficiary;
- Next of kin;
- Creditor of the decedent;
- A Person of good character who applies for the position; and
- Any other person not disqualified under Section 304.003.
We generally discuss qualification during the initial consultation and at our pre-hearing meeting. We also discuss this during the estate planning process.
Is your executor qualified to serve?