Letters Testamentary in Texas

Probate is handled by the county court, a county court at law with probate jurisdiction, or a statutory probate court, depending on the county. An application to probate the will is generally filed within four years after death. Before the 21st day after a will is probated, the court grants letters testamentary to each executor named in the will who is not disqualified and is willing to qualify; if there is no will (or no executor), the court grants letters of administration (or administration with the will annexed). The court's order states the name of the person appointed and the amount of any bond. Once the representative qualifies (oath and any required bond), the clerk issues the letters as a certificate of the clerk, under the court's seal, stating that the representative has qualified.

Letters go first to the executor named in the will, then (in order) to the surviving spouse, principal devisee, other devisees, next of kin, creditors and others. Disqualified: incapacitated persons, unpardoned felons (unless named in the will and approved by the court), a nonresident who has not appointed a resident agent for service of process and filed that appointment with the court, corporations not authorized to act as fiduciaries in Texas, and persons the court finds unsuitable. A bond is generally required unless the will waives it (and the court finds the executor qualified) or the representative is a corporate fiduciary.