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Current as of January 01, 2024 | Updated by Findlaw Staff
(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).
Cite this article: FindLaw.com - Texas Estates Code - EST § 305.052. Oath or Declaration of Administrator - last updated January 01, 2024 | https://codes.findlaw.com/tx/estates-code/est-sect-305-052/
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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