Texas Estates Code 305.053 – Oath or Declaration of Temporary Administrator
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(a) Before the issuance of temporary letters of administration, the person appointed as temporary 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 temporary 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 305.053
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - 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 - 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
- Swear: includes affirm. See Texas Government Code 311.005
I do solemnly swear that I will well and truly perform the duties of temporary administrator of the estate of __________ (insert name of decedent), deceased, in accordance with the law, and with the order of the court appointing me as temporary administrator.
(c) If the person appointed as temporary 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 temporary administrator as it appears on the order appointing the person as temporary administrator), my date of birth is _______ (insert date of birth of “temporary administrator”), and my address is _______ (insert street, city, state, zip code, and country of “temporary administrator”). I solemnly declare that I will well and truly perform all the duties of temporary administrator of the estate of _______ (insert name of decedent), in accordance with the law, and with the order of the court appointing me as temporary administrator.