How to Become the Executor of an Estate in Texas
- 1). Speak to the testator before she dies. A person who creates a last will and testament is known as a testator if male and a testatrix if female. The testator typically names who she wants to act as her executor in the will. You cannot force a testator to include you as an executor, but you can express your interest in being named the executor.
- 2). File the probate case with the court. If the will names you executor, after the testator dies you can open the probate case by filing the will with the Texas Probate Court in the county in which he lived. To do this, you have to file an application for probate that details the information about the death, informs the court about the terms of the will and requests that you wish to become executor.
- 3). Attend the hearing. Once you file the probate case, the court clerk will set a hearing date. You must attend that hearing and ask the court to name you executor. You must prove that you are a capable executor, which means you must not be a convicted felon, you must not be mentally incapacitated, and you must otherwise not be unsuitable, according to Paul Premack, a Texas elder-law attorney.
- 4). Obtain the court's order naming you executor. Once the court holds a hearing, it will decide who to name as executor. If it names you, it will require you to post a bond before it gives you the order naming you executor. However, the will may waive the bond requirement. If so, the court will give you its order naming you executor. If not, you'll have to pay the bond before it does so.