Texas Estates Code 501.006 – Ancillary Letters Testamentary
(a) On application, an executor named in a foreign will admitted to ancillary probate in this state in accordance with this chapter is entitled to receive ancillary letters testamentary on proof made to the court that:
(1) the executor has qualified to serve as executor in the jurisdiction in which the will was previously admitted to probate or otherwise established;
(2) the executor is not disqualified from serving in that capacity in this state; and
(3) if the will is admitted to ancillary probate in this state after the fourth anniversary of the testator‘s death, the executor continues to serve in that capacity in the jurisdiction in which the will was previously admitted to probate or otherwise established.
(b) After the proof required by Subsection (a) is made, the court shall enter an order directing that ancillary letters testamentary be issued to the executor. The court shall revoke any letters of administration previously issued by the court to any other person on application of the executor after personal service of citation on the person to whom the letters were issued.
Terms Used In Texas Estates Code 501.006
- 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 - Executor: A male person named in a will to carry out the decedent
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Probate: Proving a will
- Testator: A male person who leaves a will at death.