Q: What criteria does a probate judge use when choosing an admin. from two brothers named as co-executors?w/o lawyer
My concern is the process the Judge will use in determining the administrator when my brother and I are named as co-executors and we will not be represented by a lawyer. This hearing will be in Harris County, Texas.
Thank you.
A:
Seems like you get the terms confused. First, if you and your brother are designated as co-exectuors, then there must be a will. The will has to be probated (meaning presented to the court) in order for this appointment of Executor to happen. It is not something that someone can do without an attorney because this is considered as practice of law. Just like you can't perform a brain surgery on someone without having a medical license regardless of how many articles you have googled from the Internet. In general the court will honor the deceased's wishes in the appointment of executors provided there is no reason that either of you cannot serve. Since you and your brother are designated as co-executors, both of you will be appointed as such - note that the term is "executor". Not "administrator". The judge will not favor one over another unless there is reason to do so, e.g. One of you is a convicted felon, or a dishonest person.
To begin the process, you should contact a probate attorney to help you.
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