Many think that by simply naming an executor in their Will that the court will honor your selection to serve as executor for gathering assets, paying debts of the deceased, administering the estate, etc.
However, the Texas Estates Code provides several situations whereby a person is disqualified from serving as either an executor or administrator of an estate including the following:
(1) A minor. Under Texas law, an individual who is a minor (under age 18) is deemed to not have the capacity and thus is unable to serve as an executor;
(2) An adult who, because of a physical or mental condition, is substantially unable to:
Provide food, clothing, or shelter for himself or herself;
Care for the person’s own physical health; or
Manage the person’s own personal financial affairs.
(3) A person who must have a guardian appointed for the person to receive funds due the person from a governmental source;
(4) A felon convicted under federal law or any state law unless the person has been pardoned or has had the person’s civil rights restored;
(5) A person or corporation who does not live or have its principal place of business in Texas and has not appointed a resident agent or had the appointment filed with the court;
(6) A corporation not authorized to act as a fiduciary in Texas;
(7) A person whom the court finds unsuitable. There are numerous reasons why a court might find a person unsuitable to be an executor. For example, if the person is convicted of theft but the amount taken was not great enough to be a felony.
If it is found out that an executor was appointed although not qualified, the executor can be removed. However, generally, it is best that someone else serve (i.e., successor executor) from the onset.
If interested in learning more about this article or other estate planning, Medicaid and public benefits planning, probate, etc., attend one of our free upcoming virtual Estate Planning Essentials workshops by clicking here or calling 214-720-0102. We make it simple to attend and it is without obligation.