When a will names an executor, that person usually serves. But when there is no will, or the named executor cannot serve, Texas law sets a specific pecking order for who has the right to be appointed — and rules on who is barred from serving at all.
The Priority Order to Serve
Texas courts grant authority to serve in this order:
- The person named executor in the will
- A person the heirs designate by agreement
- The surviving spouse
- The principal devisee (the main beneficiary under a will)
- Any other devisee
- The next of kin, nearest in line of descent first
- A creditor of the decedent
- Any qualified person of good character in the county who applies
- Any other qualified person, and finally a public probate administrator
Who Is Disqualified
Some people cannot serve at all, including a minor, an incapacitated person, a convicted felon whose rights have not been restored, a non-resident who has not appointed a Texas resident agent, a corporation not authorized to act as a fiduciary in Texas, and anyone the court finds unsuitable.
Renouncing and Sharing the Role
A person with priority can renounce in favor of another qualified person, and when several people are equally entitled, the court appoints whoever is most likely to handle the estate well — or appoints co-representatives. Once appointed, that person takes on the executor’s duties and may be entitled to compensation.
Frequently Asked Questions
Who has priority to be administrator when there is no will?
Texas law puts the surviving spouse first, then the principal devisee, other devisees, and the next of kin, followed by creditors and other qualified applicants.
Who cannot serve as an executor in Texas?
Among others, a minor, an incapacitated person, a convicted felon whose rights have not been restored, a non-resident with no Texas resident agent, and anyone the court finds unsuitable.
Can two people serve as co-executors in Texas?
Yes. A will can name co-executors, and when people are equally entitled to serve, the court may appoint more than one.
Talk With a Texas Probate Attorney
Questions about who should serve, or a dispute over appointment? We can help sort it out. Call 713-955-6182 or contact The De Leon Law Firm to get started.