Probate Navigator

Question: Does the Will name someone that is willing and able to serve as "independent executor"?

The will must use the word "independent" or it must say something to the effect that "no other action shall be had in the probate court in relation to the settlement of my estate than the probating and recording of the will and the return of any required inventory, appraisement, and list of claims." These are the terms under which the court will grant an independent administration. The courts are very strict about this.

To be able to serve, the named executor must not have ever been convicted of a felony and must not be an incapacitated person. The named executor must also be over the age of 18, and must be a resident of the State of Texas. A non-resident can serve as the executor, however, the non-resident must designate a Texas resident agent to receive notices regarding the estate. Michael Duran will serve as resident agent if there is no else willing to serve as such.

Yes, the Will provides for an independent administration, and at least one of the executors named in the Will is willing and able to serve as independent executor.

No, the Will does not provide for an independent administration, there is no executor named in the will, or all of the executors named in the Will are unable or unwilling to serve as independent executor.

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