Texas § ES.304.003 - PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR ADMINISTRATOR

Full text of Texas The Texas Constitution § ES.304.003 — PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR ADMINISTRATOR, with citation guidance and answers to common questions.

§ ES.304.003. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR ADMINISTRATOR

PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR ADMINISTRATOR. (a) Except as provided by Subsection (b), a person is not qualified to serve as an executor or administrator if the person is: (1) incapacitated; (2) a felon convicted under the laws of the United States or of any state of the United States unless, in accordance with law, the person has been pardoned or has had the person's civil rights restored; (3) a nonresident of this state who: (A) is a natural person or corporation; and (B) has not: (i) appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate; or (ii) had that appointment filed with the court; (4) a corporation not authorized to act as a fiduciary in this state; or (5) a person whom the court finds unsuitable. (b) A person described by Subsection (a)(2) is not disqualified from serving as an executor of a decedent's estate under Subsection (a)(2) if: (1) the person is named as executor in the decedent's will; (2) the person is otherwise qualified to serve as an executor; and (3) the court approves the person serving as an executor. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502 ), Sec. 1, eff. January 1, 2014. Amended by: Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373 ), Sec. 19, eff. September 1, 2023.

Source: official Texas text · Last verified 2026-08-27

Frequently Asked Questions About Texas § ES.304.003

What does The Texas Constitution § ES.304.003 cover?

Section ES.304.003 ("PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR ADMINISTRATOR") is part of the The Texas Constitution, the codified statutory law of Texas. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Texas § ES.304.003?

A common citation format is "The Texas Constitution § ES.304.003" (Texas). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Texas law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Texas official source linked on this page or consult a licensed Texas attorney.

How does Texas § ES.304.003 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Texas can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Texas.