Can I Be the Executor of an Estate in Texas With a Felony?

by Marcy Brinkley
In Texas, if you are a convicted felon and named as executor in a will, Texas law will disqualify you from serving.

In Texas, if you are a convicted felon and named as executor in a will, Texas law will disqualify you from serving.

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If you have been named in a will as the executor of an estate in Texas, the county probate judge must determine if you are qualified to serve. Since the executor is responsible for safeguarding the assets, paying bills, filing tax returns and distributing the assets to the beneficiaries, Texas law disqualifies certain groups of people, including convicted felons, from serving in that capacity.

Certain Exceptions Exist

The law does not apply to people convicted of felonies outside the United States or its territories. The law also makes exceptions for felons who have been pardoned or whose civil rights have been restored by a court. The law does not, however, prevent a convicted felon from inheriting money left in a will.

Notifying the Court

Anyone named as executor in a will may decline to serve by filing a notarized letter at the county probate court. If you do not file a letter with the court, the attorney for the estate can file a copy of your sentencing order that shows you have been convicted of a felony. The judge will appoint a qualified person as the executor to serve in your place.