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

By Marcy Brinkley

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.

Protect your loved ones. Start My Estate Plan
Protect your loved ones. Start My Estate Plan
Contesting a Will in an Illinois Probate Court
 

References

Related articles

Grounds for Removing an Executor in Texas

Under Texas law, you can be removed as the executor of an estate for a number of reasons, although your conduct must be quite egregious for removal. Even if you have an apparent conflict of interest between your duties as an executor and rights as a beneficiary, if designated as one in the will, a Texas court may be reluctant to remove you unless you have clearly failed to carry out your fiduciary duties of honesty and good faith toward both the creditors and beneficiaries of the estate.

How Is an Executor of an Estate Determined in the State of Virginia?

Even if you are named as the executor of a will in Virginia, you still are required to take certain steps to "qualify" under Virginia law before you officially become the executor of the estate of the deceased. The requirements for qualifying can be relatively easy or difficult, depending on the circumstances. Based on the complexity and size of the estate, it might take one year or more to complete your duties as an executor. The term executrix is sometimes used to describe a female executor.

California Executor Checklist

The executor is the person who manages the estate of the deceased, also known as the decedent, during the probate process. The executor is responsible for paying debts of the estate and distributing assets to the heirs. California law allows for the compensation of executors from the estate assets.

LegalZoom. Legal help is here. Start Here. Wills. Trusts. Attorney help.

Related articles

How to Get the Heir Removed as an Executor in Virginia

An executor is the person responsible for administering the estate of a deceased person during the probate process. ...

Executor of Estate Law in Ohio

An executor is the person appointed, in your will, to administer your estate after your death. Your executor should be ...

How to Become the Executor of a Deceased Relative's Estate in Pennsylvania?

In Pennsylvania, an executor is the person named in a will to administer the deceased's estate. The only way to become ...

Failure to File a Will In Probate Court In Georgia

If you are named as executor in a will in Georgia, you have a duty to follow the procedures outlined in the Georgia ...

Browse by category
Ready to Begin? GET STARTED