Texas Estates Code 254.006 – Designation of Administrator
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(a) A testator may grant in a will to an executor named in the will or to another person identified by name, office, or function the authority to designate one or more persons to serve as administrator of the testator’s estate.
(b) To be effective, a designation of an administrator of a testator’s estate as authorized by a will under Subsection (a) must be in writing and acknowledged before an officer authorized to take acknowledgments and administer oaths.
Terms Used In Texas Estates Code 254.006
- Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Executor: A male person named in a will to carry out the decedent
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Property: means real and personal property. See Texas Government Code 311.005
- Testator: A male person who leaves a will at death.
(c) Unless the will provides otherwise, a person designated to serve as administrator of a testator’s estate as provided by Subsection (a) may serve only if:
(1) each executor named in the testator’s will:
(A) is deceased;
(B) is disqualified to serve as executor; or
(C) indicates by affidavit filed with the county clerk of the county in which the application for letters testamentary is filed or, if an application has not been filed, a county described by § 33.001(a)(1) or (2) the executor’s inability or unwillingness to serve as executor;
(2) the designation is effective as provided by Subsection (b); and
(3) the person is not disqualified from serving under § 304.003.
(d) Unless the will or designation provides otherwise, a person designated as administrator of a testator’s estate as provided by this section has the same rights, powers, and duties as an executor named in the will, including the right to serve as an independent administrator with the power to sell property without the need for consent of the distributees under § 401.002 or 401.006.