(a) A personal representative, other than an executor described by Subsection (b), is considered to have qualified when the representative has:
(1) taken and filed the oath prescribed by Subchapter B or made, signed, and filed the declaration prescribed by Subchapter B;
(2) filed the required bond with the clerk; and
(3) obtained the judge‘s approval of the bond.
(b) An executor who is not required to give a bond is considered to have qualified when the executor has taken and filed the oath prescribed by Subchapter B or made, signed, and filed the declaration prescribed by Subchapter B.

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Terms Used In Texas Estates Code 305.002

  • Executor: A male person named in a will to carry out the decedent
  • Judge: means the presiding judge of any court having original jurisdiction over probate proceedings, regardless of whether the court is:
    (1) a county court in the exercise of its probate jurisdiction;
    (2) a court created by statute and authorized to exercise probate jurisdiction; or
    (3) a district court exercising probate jurisdiction in a contested matter. See Texas Estates Code 22.019
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See Texas Government Code 311.005
  • personal representative: include :
    (1) an executor and independent executor;
    (2) an administrator, independent administrator, and temporary administrator; and
    (3) a successor to an executor or administrator listed in Subdivision (1) or (2). See Texas Estates Code 22.031
  • Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005