Section 304.003 of the Texas Estates Code identifies persons who are disqualified from serving as Executor or Administrator of an estate. This Section provides that a person is not qualified to serve if he or she is:
(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.
