Texas § ES.501.006 - ANCILLARY LETTERS TESTAMENTARY

§ ES.501.006. ANCILLARY LETTERS TESTAMENTARY

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. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502 ), Sec. 1, eff. January 1, 2014. Amended by: Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995 ), Sec. 47, eff. September 1, 2015.