Texas law specifically excludes the following persons from
qualifying to serve as the personal representative (executor or administrator)
of a deceased’s probate estate:
a) An incapacitated person (someone who is mentally or
physically unable to handle his or her own affairs);
b) A convicted felon, unless such person has been pardoned,
or his or her civil rights have been restored by a court;
c) A non-resident of the State of Texas, unless he or she
has appointed a Texas resident as an “agent” to accept service of process in
all actions or proceedings with respect to the estate;
d) A corporation not authorized to act as a fiduciary in the
State of Texas; or
e) Any person the Court finds to be “unsuitable”.
In addition, if the will designates the deceased’s former
spouse to serve as personal representative of the estate and the marriage was
subsequently dissolved by divorce, annulment or judicial declaration that the
marriage was void, that former spouse cannot be appointed as personal
representative of the estate except under very unusual circumstances.
Article by Cynthia W. Veidt, Attorney
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