Letters testamentary in Texas

(a) Before the 21st day after the date a will has been probated, the court shall grant letters testamentary, if permitted by law, to each executor appointed by the will who: (1) is not disqualified; and (2) is willing to accept the trust and qualify according to law.

Letters testamentary or of administration shall be in the form of a certificate of the clerk of the court granting the letters, attested by the court's seal, that states: (1) the executor or administrator, as applicable, has qualified as executor or administrator in the manner required by law; (2) the date of the qualification; and (3) the name of the decedent.

The clerk shall also issue any number of letters as and when requested by the person or persons who hold the letters.

Letters testamentary or of administration issued under the court's seal by the clerk of the court that granted the letters are sufficient evidence of: (1) the appointment and qualification of the personal representative of an estate; and (2) the date of qualification.

Texas · general information · checked October 17, 2026 · Tex. Est. Code §§306.001, 306.005–306.007

(b) An executor who is not required to give a bond is considered to have qualified when the executor has taken and filed the oath prescribed by Subchapter B or made, signed, and filed the declaration prescribed by Subchapter B.

An oath may be taken and subscribed or a declaration may be made and signed at any time before: (1) the 21st day after the date of the order granting letters testamentary or of administration, as applicable; or (2) the letters testamentary or of administration, as applicable, are revoked for a failure to qualify within the period allowed.

(a) Except as otherwise provided by this title, a person to whom letters testamentary or of administration will be issued must enter into a bond before issuance of the letters.

(b) Letters testamentary shall be issued without the requirement of a bond to a person named as executor in a will probated in a court of this state if: (1) the will directs that no bond or security be required of the person; and (2) the court finds that the person is qualified.

Texas · general information · checked October 17, 2026 · Tex. Est. Code §§305.002, 305.003, 305.101

(a) The court shall grant letters testamentary or of administration to persons qualified to act, in the following order: (1) the person named as executor in the decedent's will; … (2) the decedent's surviving spouse; (3) the principal devisee of the decedent; (4) any devisee of the decedent; (5) the next of kin of the decedent;

(a) Except as provided by Subsection (b), a person is not qualified to serve as an executor or administrator if the person is: (1) incapacitated; (2) a felon convicted under the laws of the United States or of any state of the United States unless, in accordance with law, the person has been pardoned or has had the person's civil rights restored;

(3) a nonresident of this state who: (A) is a natural person or corporation; and (B) has not: (i) appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate; or (ii) had that appointment filed with the court; … (5) a person whom the court finds unsuitable.

(b) A person described by Subsection (a)(2) is not disqualified from serving as an executor of a decedent's estate under Subsection (a)(2) if: (1) the person is named as executor in the decedent's will; (2) the person is otherwise qualified to serve as an executor; and (3) the court approves the person serving as an executor.

Texas · general information · checked October 17, 2026 · Tex. Est. Code §§304.001, 304.003

(a) The court shall grant letters testamentary or of administration to persons qualified to act, in the following order: (1) the person named as executor in the decedent's will; … (2) the decedent's surviving spouse; (3) the principal devisee of the decedent; (4) any devisee of the decedent; (5) the next of kin of the decedent;

(a) Except as provided by Subsection (b), a person is not qualified to serve as an executor or administrator if the person is: (1) incapacitated; (2) a felon convicted under the laws of the United States or of any state of the United States unless, in accordance with law, the person has been pardoned or has had the person's civil rights restored;

(3) a nonresident of this state who: (A) is a natural person or corporation; and (B) has not: (i) appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate; or (ii) had that appointment filed with the court; … (5) a person whom the court finds unsuitable.

(b) A person described by Subsection (a)(2) is not disqualified from serving as an executor of a decedent's estate under Subsection (a)(2) if: (1) the person is named as executor in the decedent's will; (2) the person is otherwise qualified to serve as an executor; and (3) the court approves the person serving as an executor.

Texas · general information · checked October 17, 2026 · Tex. Est. Code §§304.001, 304.003

(a) Before the 21st day after the date a will has been probated, the court shall grant letters testamentary, if permitted by law, to each executor appointed by the will who: (1) is not disqualified; and (2) is willing to accept the trust and qualify according to law.

Letters testamentary or of administration shall be in the form of a certificate of the clerk of the court granting the letters, attested by the court's seal, that states: (1) the executor or administrator, as applicable, has qualified as executor or administrator in the manner required by law; (2) the date of the qualification; and (3) the name of the decedent.

The clerk shall also issue any number of letters as and when requested by the person or persons who hold the letters.

Letters testamentary or of administration issued under the court's seal by the clerk of the court that granted the letters are sufficient evidence of: (1) the appointment and qualification of the personal representative of an estate; and (2) the date of qualification.

Texas · general information · checked October 17, 2026 · Tex. Est. Code §§306.001, 306.005–306.007