Tex. Est. Code § 305.052

Current with legislation from the 2023 Regular and Special Sessions signed by the Governor as of November 21, 2023.

Section 305.052 - Oath Or Declaration Of Administrator

(a) Before the issuance of letters of administration, the person appointed as administrator shall:

(1) take and subscribe an oath as prescribed by Subsection (b); or

(2) make and sign a declaration as prescribed by Subsection (c).

(b) If the person appointed as administrator elects to take an oath under this section, the person shall take and subscribe an oath in substantially the following form:

I do solemnly swear that ___________ (insert name of decedent), deceased, died _______ (insert "without leaving any lawful will" or "leaving a lawful will, but the executor named in the will is dead or has failed to offer the will for probate or to accept and qualify as executor, within the period required," as applicable), so far as I know or believe, and that I will well and truly perform all the duties of administrator of the estate of ________ (insert name of testator) .

(c) If the person appointed as administrator elects to make a declaration under this section, the person shall make and sign a declaration in substantially the following form:

My name is ________ (insert name of administrator as it appears on the order appointing the person as administrator), my date of birth is ________ (insert date of birth of "administrator"), and my address is ________ (insert street, city, state, zip code, and country of "administrator"). I declare under penalty of perjury that ________ (insert name of decedent), deceased, died ________ (insert "without leaving any lawful will" or "leaving a lawful will, but the executor named in the will is dead or has failed to offer the will for probate or to accept and qualify as executor, within the period required," as applicable), so far as I know or believe. I also solemnly declare that I will well and truly perform all the duties of administrator of the estate of ________ (insert name of decedent).

Tex. Estates § 305.052

Amended by Acts 2023, Texas Acts of the 88th Leg.- Regular Session, ch. 205,Sec. 25, eff. 9/1/2023.

Added by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 1, eff. 1/1/2014.