Texas Estates Code 361.103 – Appointment Because of Existence of Prior Right
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Terms Used In Texas Estates Code 361.103
- Court: means and includes:
(1) a county court in the exercise of its probate jurisdiction;
(2) a court created by statute and authorized to exercise original probate jurisdiction; and
(3) a district court exercising original probate jurisdiction in a contested matter. See Texas Estates Code 22.007 - Person: includes a natural person and a corporation. See Texas Estates Code 22.027
If letters testamentary or of administration have been granted to a person and another person applies for letters, the court shall revoke the initial letters and grant letters to the second applicant if the second applicant:
(1) is qualified;
(2) has a prior right to the letters; and
(3) has not waived the prior right to the letters.