Q: My grandfather had a Will and he only named 2 executors. We started the Probate process and now neither of them want to
be executor. They do have another brother who said he would be executor but he is not listed. He is in the Will as a beneficiary though. The two other executors agree that the other brother should be the executor. What would be the next steps in appointing the other brother as executor?
A: If you've started the process your attorney should handle this issue. To serve as the personal representative (executor or administrator) of an estate in Texas you must be represented by an attorney at all times. The named executors can each execute a declination to serve and under Chapter 401 of the Estate Code, may nominate a qualified party to serve as the Administrator with Will Annexed. You may need all beneficiaries under the Will to agree to the brother serving. You need to meet with a probate attorney or talk to the one you already have about going this route.
A: Talk to the probate lawyer. Some judges are more open to this than others, who may require death certificates, evidence of imprisonment or psychiatric hospitalization or inability to leave the house. The person who appointed an executor relied on that executor, not someone else.
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