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.

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.

Protect your loved ones. Start My Estate Plan

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
The Amount of Time Allowed to Probate a Will in Pennsylvania

References

Related articles

Contesting a Will in an Illinois Probate Court

A person who is at least 18 and mentally competent may make a will in Illinois. When the will is filed in court to start probate -- the legal procedure used to settle an estate -- a person with an interest in the estate has the right to challenge the will by filing a contest. A person with an interest in an estate can include heirs, people that the deceased person, also known as the decedent, named as beneficiaries in the will and the decedent's creditors.

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.

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 someone you trust to disburse your property to your beneficiaries according to your wishes. While you are free to name your executor, Ohio law does set forth certain requirements to ensure the probate process goes smoothly. The probate court must approve the executor before he starts work. If you do not have a will, the court will appoint an administrator. Collectively, executors and administrators are referred to as personal representatives.

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

Related articles

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 ...

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 ...

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 ...

New York Estate Law When the Executor Dies

New York, like all other states, recognizes a written will as the proper method for making your wishes known as to the ...

Browse by category
Ready to Begin? GET STARTED