Tex. Estates Code § 301.051: ELIGIBLE APPLICANTS FOR LETTERS.

An executor named in a will, an administrator designated as authorized under Section 254.006, an independent administrator designated by all of the distributees of the decedent under Section 401.002(b) or 401.003, or an interested person may file an application with the court for:

(1) the appointment of the executor named in the will;

(1-a) the appointment of the designated administrator; or

(2) the appointment of an administrator, if:

(A) there is a will, but:

(i) no executor is named in the will;

(ii) the executor named in the will is disqualified, refuses to serve, is dead, or resigns;

(iii) a person designated to serve as administrator under Section 254.006 is disqualified, refuses to serve, is dead, or resigns; or

(iv) an authorized person other than the executor has not designated any person to serve as administrator under Section 254.006 as of the date of the filing of the application and the applicant notifies the court that the authorized person has no intention of doing so; or

(B) there is no will.

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Amended by:

Acts 2015, 84th Leg., R.S., Ch. 949 (S.B. 995), Sec. 28, eff. September 1, 2015.

Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 17, eff. September 1, 2019.