§ 304.001 Order of Persons Qualified to Serve as Personal Representative
§ 304.002 Renouncing Right to Serve as Personal Representative
§ 304.003 Persons Disqualified to Serve as Executor or Administrator

Need help with a review of a will?
Have it reviewed by a lawyer, get answers to your questions and move forward with confidence.
Connect with a lawyer now

Terms Used In Texas Estates Code Chapter 304 - Persons Who May Serve as Personal Representatives

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • 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
  • Decedent: A deceased person.
  • Devisee: includes a legatee. See Texas Estates Code 22.009
  • 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
  • Fiduciary: A trustee, executor, or administrator.
  • Next of kin: includes :
    (1) an adopted child or the adopted child's descendants; and
    (2) the adoptive parent of the adopted child. See Texas Estates Code 22.026
  • Person: includes a natural person and a corporation. See Texas Estates Code 22.027
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Probate: Proving a will
  • Rule: includes regulation. See Texas Government Code 311.005
  • Service of process: The service of writs or summonses to the appropriate party.
  • United States: includes a department, bureau, or other agency of the United States of America. See Texas Government Code 311.005