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What Are Some Restrictions on Naming Executors?

Posted by Chris Peterson | Jan 06, 2016 | 0 Comments

What Are Some Restrictions on Naming Executors?

What Are Some Restrictions on Naming Executors?The position of executor to a will carries a great deal of responsibility. While you may wish to name a particular person to this task in your will, the probate court may find the individual unsuitable. You should consider working with Kingwood estate attorneys when you set up your will and name the executor.

The Role of Executor

It is not required that you name an executor in your will. However, if you do not, the probate court will name a person, and it may be someone you would not want to have handle your affairs. Among the many tasks of an executor are:

  • Locating the will
  • Making a decision on whether probating the will is necessary
  • Filing the will in probate court, if necessary
  • Paying of all debts and taxes owed by the estate
  • Supervising the distribution of assets to named beneficiaries

Given the importance of the executor it should be evident why you need to take care by naming a person who is suitable.

Who May Be Unsuitable to Serve as Executor?

Texas probate laws require the named executor to meet certain standards. For one, the executor cannot be a minor. Also, the executor must be of sound body and mind, and thus be capable of fulfilling the role. Convicted felons also cannot serve as executors. The executor must either be a Texas resident or appoint a resident agent for service of process. Beyond these standards, the probate court may make a finding that the individual is unsuitable for other reasons.

Assuming that the executor you name is not a convicted felon and is capable of serving in the position, it is likely that the probate court will accept the individual you name. The court generally tries to adhere to the wishes of the decedent. It is important to note that if the named executor is a convicted felon but fails to disclose this fact, the probate court can remove him from the position.

For further Information or Assistance

When you draw up your will you should consider carefully who would best fulfill the role of executor. Kingwood estate attorneys can help you with any concerns you have and ensure that your will is set up properly. Call Peterson Law Group to arrange a consultation at 281-609-0664 or 832-786-5062.

About the Author

Chris Peterson

Chris Peterson is the owner of Peterson Law Group. He practices primarily in the areas of wills, trusts and estate planning; probate and trust administration; elder law; and business law. Chris is also the owner of Brazos 1031 Exchange Company.


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