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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 41541
Experience:  Texas lawyer for 30 years in Estate law
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I am in Texas. Does having a felony conviction on ones record

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I am in Texas. Does having a felony conviction on ones record disqualify a person from serving as the administrator of an estate that is in probate?
Hi and welcome to JA. I am Ray a licensed lawyer who wil be assisting you today.Unfortunately a felony conviction prevents the court from appointing you as an administrator/personal rerpesentative unless you have been pardoned..The Probate Code here is located below for reference.

§ 78. PERSONS DISQUALIFIED TO SERVE AS EXECUTOR OR ADMINISTRATOR. No person is qualified to serve as an executor or administrator who is: (a) An incapacitated person; (b) A convicted felon, under the laws either of the United States or of any state or territory of the United States, or of the District of Columbia, unless such person has been duly pardoned, or his civil rights restored, in accordance with law; (c) A non-resident (natural person or corporation) of this State who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate, and caused such appointment to be filed with the court; (d) A corporation not authorized to act as a fiduciary in this State; or (e) A person whom the court finds unsuitable.

There is no discretion for the judge other than a pardon under Texas law.

Thanks for letting me asssist you today.I appreciate the chance to do so.Please let me know if you have more follow up.Thanks again.
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