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Loren
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Category: Estate Law
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Experience:  30 years experience in the practice of estate law.
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I simply want to change the executor of my will. Can I just

Resolved Question:

I simply want to change the executor of my will. Can I just write an addendum naming a new executor?
Submitted: 5 years ago.
Category: Estate Law
Expert:  Loren replied 5 years ago.
Under the Texas Probate Code, in order to modify the clause designating the executor, you would need to add a codicil to the will revoking the original clause which designated the executor in favor of the new clause designating a different executor. The codicil would need to be signed by the testator and witnessed in the same manner as the will. The relevant section of the Texas Probate Code is copied below:

§ 63. REVOCATION OF WILLS. No will in writing, and no
clause thereof or devise therein, shall be revoked, except by a
subsequent will, codicil, or declaration in writing, executed with
like formalities, or by the testator destroying or canceling the
same, or causing it to be done in his presence.

Good luck. I hope this is helpful.
Customer: replied 5 years ago.
I am not sure I have fully understood your answer. Can I hand write or type a letter indicating that I am revoking the orginal executor and renaming a new executor and sign it, have it witnessed and notarized subsequently attaching it to the original will?? Is this a valid way to do it so that it will stand up in a probate court??
Expert:  Loren replied 5 years ago.
Yes, you must follow the same formality as if the codicil were a will and attach the codicil to the original will. The codicil will say that the clause in the original will naming X as executor is hereby revoked and in its place you name Y as executor.

You can do this yourself, but I urge you to consult local counsel to protect your rights in this matter.

Loren, Attorney
Category: Estate Law
Satisfied Customers: 21450
Experience: 30 years experience in the practice of estate law.
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30 years experience in the practice of estate law.