87R8887 EAS-D
By: Dutton H.B. No. 2923
A BILL TO BE ENTITLED
AN ACT
relating to certain persons who are disqualified from serving as
the personal representative of a decedent's estate.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 304.003, Estates Code, is amended to
read as follows:
Sec. 304.003. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR
ADMINISTRATOR. A person is not qualified to serve as an executor or
administrator if the person is:
(1) incapacitated;
(2) a felon convicted under the laws of the United
States or of any state of the United States unless, in accordance
with law, the person has been pardoned or has had the person's civil
rights restored;
(3) a nonresident of this state who:
(A) is a natural person or corporation; and
(B) has not:
(i) appointed a resident agent to accept
service of process in all actions or proceedings with respect to the
estate; or
(ii) had that appointment filed with the
court;
(4) a corporation not authorized to act as a fiduciary
in this state; [or]
(5) the spouse of the decedent and, at the time of the
decedent's death, was a party to:
(A) a suit for the dissolution of marriage under
Chapter 6, Family Code;
(B) a suit affecting the parent-child
relationship under Subtitle B, Title 5, Family Code, involving a
child of the spouse and the decedent; or
(C) a suit involving the Department of Family and
Protective Services under Subtitle E, Title 5, Family Code,
involving a child of the spouse and the decedent; or
(6) a person whom the court finds unsuitable.
SECTION 2. The changes in law made by this Act to Section
304.003, Estates Code, apply only to an application for the grant of
letters testamentary or of administration of a decedent's estate
filed on or after the effective date of this Act. An application for
the grant of letters testamentary or of administration of a
decedent's estate filed before that date is governed by the law in
effect on the date the application was filed, and the former law is
continued in effect for that purpose.
SECTION 3. This Act takes effect September 1, 2021.