In Texas, the personal representative plays a fundamental role in the probate process after a person has died. This is often referred to as the executor. When a person writes their will, they will name a trusted individual to perform these duties. The court will determine if the person is qualified. When writing the will and before probate commences, it is imperative to understand what the law says about these key issues.
The court will determine who is qualified to be the personal representative
When the process begins, the court will first look at the decedent’s will and see who was named as the executor. The decedent could also have selected an administrator. After that, the surviving spouse can perform the duties. Next will be the principal devisee – the person who is receiving most of the testator’s assets as part of their estate plan. After that, it can be any devisee, the next of kin, a creditor, a person who is deemed to be of good moral character and lives in the county applying for the letters, or an appointed public administrator.
There is a legal way in which the “next of kin” is identified if they are going to be the personal representative. It could be their spouse, their parents, their children and so on. It will also include people who were legally adopted. When there is more than one person who is entitled to be the administrator, the court will pick the person who is most likely to do so advantageously. It can also grant the letters of administration to more than one person.
Simply because a person has been named as the personal representative does not obligate them to serve. The surviving spouse or the heirs when there is no surviving spouse can choose to renounce their rights in favor of another qualified person.
Some can be disqualified from being the personal representative if they are not deemed qualified; are incapacitated; have been convicted of a felony; do not reside in the state; is not a natural person or corporation; is not a corporation authorized to be a Texas fiduciary; or is found unsuitable by the court.
Preparation is key with probate and estate planning
As this shows, there are many layers to probate that need to be considered when the person is writing the will, the executor is planning to move forward with probate and the family assesses the situation and decides if there are issues that need to be addressed. Since probate is the process in which the will is proved and the personal representative is so important, having help with the legal issues involved is vital.
