Texas Estates Code 305.052 – Oath or Declaration of Administrator
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(a) Before the issuance of letters of administration, the person appointed as administrator shall:
(1) take and subscribe an oath as prescribed by Subsection (b); or
(2) make and sign a declaration as prescribed by Subsection (c).
(b) If the person appointed as administrator elects to take an oath under this section, the person shall take and subscribe an oath in substantially the following form:
Terms Used In Texas Estates Code 305.052
- Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Executor: A male person named in a will to carry out the decedent
- Oath: includes affirmation. See Texas Government Code 311.005
- Oath: A promise to tell the truth.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Probate: Proving a will
- Swear: includes affirm. See Texas Government Code 311.005
I do solemnly swear that ___________ (insert name of decedent), deceased, died _______ (insert “without leaving any lawful will” or “leaving a lawful will, but the executor named in the will is dead or has failed to offer the will for probate or to accept and qualify as executor, within the period required,” as applicable), so far as I know or believe, and that I will well and truly perform all the duties of administrator of the estate of ________ (insert name of testator).
(c) If the person appointed as administrator elects to make a declaration under this section, the person shall make and sign a declaration in substantially the following form:
My name is ________ (insert name of administrator as it appears on the order appointing the person as administrator), my date of birth is ________ (insert date of birth of “administrator”), and my address is ________ (insert street, city, state, zip code, and country of “administrator”). I declare under penalty of perjury that ________ (insert name of decedent), deceased, died ________ (insert “without leaving any lawful will” or “leaving a lawful will, but the executor named in the will is dead or has failed to offer the will for probate or to accept and qualify as executor, within the period required,” as applicable), so far as I know or believe. I also solemnly declare that I will well and truly perform all the duties of administrator of the estate of ________ (insert name of decedent).