Posts Tagged letters of administration
How does one qualify to be an administrator or executor of an estate?
Posted by David Leon in Estate planning and probate on 09/08/2009
If someone is appointed as an executor in a will, or someone applies to be an administrator of an estate, the person cannot be “disqualified” under Sec. 78 of the Texas Probate Code. This section specifically prohibits the following people from administering an estate:
(a) An incapacitated person;
(b) A convicted felon, under the laws either of the United States or of any state or territory of the United States, or of the District of Columbia, unless such person has been duly pardoned, or his civil rights restored, in accordance with law;
(c) A non-resident (natural person or corporation) of this State who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate, and caused such appointment to be filed with the court;
(d) A corporation not authorized to act as a fiduciary in this State;
or
(e) A person whom the court finds unsuitable.
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How is it decided who will administer an estate?
Posted by David Leon in Estate planning and probate on 09/08/2009
Sec. 77 of the Texas Probate Code handles the order of persons who can administer an estate of a deceased person.
The code provides (in order):
(a) To the person named as executor in the will of the deceased (assuming the person is available, and qualified to serve.)
(b) To the surviving spouse.
(c) To the principal beneficiary under the will, or the person who is to receive the majority of estate assets under the will.
(d) To any devisee or legatee of the testator.
(e) To the next of kin of the deceased, the nearest in order of descent first, and so on, and next of kin includes a person and his descendants who legally adopted the deceased or who have been legally adopted by the deceased.
(f) To a creditor of the deceased.
(g) To any person of good character residing in the county who applies therefor.
(h) To any other person not disqualified under the following Section.
If more than one person qualifies, the court has discretion in choosing an administrator.
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What are “letters testamentary”?
Posted by David Leon in Estate planning and probate on 15/02/2009
Letters Testamentary are letters issued by a probate court stating that a person has the ability to act on behalf of a deceased person’s estate. The letters are typically issued pursuant to the person’s last will.
Letters Testamentary are essentially a court order. In order to get letters testamentary, a person who has an interest in a deceased person’s estate must make an application to a probate court. Letters testamentary are available to estates only if the application is made within four years of the date of death of the person who wrote the will.
The most common applicant for letters testamentary is going to be the executor named in the will. A beneficiary, alternate executor or creditor may also make an application for letters. In Dallas County, a lawyer must make the application to the court.
If you need to make an application for letters testamentary, or you would just like to discuss a probate situation, please contact us. We offer free initial telephone consultations. (214) 696-0021
If you would like to discuss this with our firm, please call us at (214) 696-0021, or click below to instant chat with us.
Please call me:
Or click here for Instant Messaging with our office (office hours only)
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