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Dallas, Texas 75240

Qualify as Executor

Once the will is admitted to probate and the court appoints an executor of the estate, the executor must qualify as executor by posting any required bond and by taking the executor's oath. Many wills waive the bond requirement for the executor of the estate. If neither the will nor the court waive the bond requirement, then the executor will have to post a corporate surety bond in an amount equal to the value of the assets of the estate, not including the real estate. Some courts also bond the debt against the estate. All executors must also take an oath to "well and truly" perform all of the duties of the executor of the estate. This oath must be made before a notary public or the court clerk. Once the bond and oath are filed, the court clerk will issue "Letters Testamentary" to the court-appointed executor. These Letters Testamentary are the keys to unlocking the decedent's financial accounts as they allow the executor to conduct all business on behalf of the estate. As many a would-be beneficiary has found out at a local bank, only after the court-appointed executor qualifies and is issued Letters Testamentary may the executor legally administer the estate.

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