Texas Estates Code 305.002 – Manner of Qualification of Personal Representative
Current as of: 2024 | Check for updates
|
Other versions
(a) A personal representative, other than an executor described by Subsection (b), is considered to have qualified when the representative has:
(1) taken and filed the oath prescribed by Subchapter B or made, signed, and filed the declaration prescribed by Subchapter B;
(2) filed the required bond with the clerk; and
(3) obtained the judge‘s approval of the bond.
(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.
Terms Used In Texas Estates Code 305.002
- Executor: A male person named in a will to carry out the decedent
- Judge: means the presiding judge of any court having original jurisdiction over probate proceedings, regardless of whether the court is:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise probate jurisdiction; or
(3) a district court exercising probate jurisdiction in a contested matter. See Texas Estates Code 22.019 - Oath: includes affirmation. See Texas Government Code 311.005
- Oath: A promise to tell the truth.
- personal representative: include :
(1) an executor and independent executor;
(2) an administrator, independent administrator, and temporary administrator; and
(3) a successor to an executor or administrator listed in Subdivision (1) or (2). See Texas Estates Code 22.031 - Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005