Probating a Will

Is an Executor Required to be a US Citizen?

by Rania Combs

I recently received a phone call from someone whose wife was not a US Citizen. The caller wondered whether his wife could nevertheless serve as an executor of his Will.

There is no statutory restriction in Texas that prevents a non-citizen from serving as an executor or administrator of an estate. The statutes only restrict those who are:

  1. incapacitated;
  2. a felon, unless he or she has been pardoned or has had his or her civil rights restored;
  3. a nonresident of Texas who has not appointed a resident agent to accept service of process in all actions or proceedings with respect to the estate; or had that appointment filed with the court;
  4. a corporation not authorized to act as a fiduciary in Texas; or
  5. a person whom the court finds unsuitable.

The term “unsuitable” is not defined; rather, a trial judge has the discretion to determine suitability based on unique facts and circumstances of each case.

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