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Current as of January 01, 2024 | Updated by Findlaw Staff
(a) Before the issuance of letters testamentary or letters of administration with the will annexed, the person named as executor or appointed as administrator with the will annexed 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 named as executor or appointed as administrator with the will annexed 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 the writing offered for probate is the last will of _______________________________ (insert name of testator), so far as I know or believe, and that I will well and truly perform all the duties of _______________________________ (insert “executor of the will” or “administrator with the will annexed,” as applicable) for the estate of _______________________________ (insert name of testator).
(c) If the person named as executor or appointed as administrator with the will annexed 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 “executor of the will” or “administrator with the will annexed” as it appears on the order appointing the person as executor or administrator with the will annexed), my date of birth is _______________________________ (insert date of birth of “executor of the will” or “administrator with the will annexed,” as applicable), and my address is _______________________________ (insert street, city, state, zip code, and country of “executor of the will” or “administrator with the will annexed,” as applicable). I declare under penalty of perjury that the writing offered for probate is the last will of _______________________________ (insert name of testator), so far as I know or believe. I also solemnly declare that I will well and truly perform all the duties of _______________________________ (insert “executor of will” or “administrator with the will annexed,” as applicable) for the estate of _______________________________ (insert name of testator).
Cite this article: FindLaw.com - Texas Estates Code - EST § 305.051. Oath or Declaration of Executor or Administrator with Will Annexed - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-305-051/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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