Can a Convicted Felon be an Executor in Texas?

Before 2023, Texas law disqualified anyone with a felony conviction from serving as an executor. But, that changed because of an amendment 2023 amendment to Section 304.003 of the Texas Estates Code. Now, a person convicted of a felony can serve as an executor if:

• The decedent names them in the will;
• They meet all other qualifications required by law; and
• The court approves their appointment.

This update gives judges more discretion and helps families carry out the wishes of a loved one who intentionally chose a specific executor, even though they were previously convicted of a crime.

Who Can’t Serve as an Executor in Texas?

Under Section 304.003 of the Texas Estates Code, someone convicted of a felony cannot serve as an executor if they lack capacity, have a felony and don’t meet the requirements listed above, live outside Texas and have not appointed a resident agent, represent a corporation not authorized to act as a fiduciary in Texas, or are found unsuitable by the court. These disqualifications still apply after the 2023 change.

An Example from Practice

A client called me with a question. He had two daughters and one son. He did not trust his daughters to act fairly and wanted to name his son as executor. The complication was a felony conviction in his son’s past. Thanks to the 2023 legal change, his son may still qualify if he appears in the will as executor and the court finds him otherwise suitable. Judges can now weigh the nature of the conviction, how much time has passed, and whether the person can responsibly carry out fiduciary duties.

What Does “Court Approval” Mean in Practice?

Court approval is not automatic. The judge will consider the overall picture. Common factors include:

• The age and nature of the conviction. A conviction for violent offenses or a recent conviction may raise more concern than older, nonviolent offenses.
• Evidence of rehabilitation. Someone who demonstrates a steady employment history, community involvement, and proof of compliance with court orders has a better chance of getting appointed.
• Financial responsibility. Because an executor manages estate assets, the court may consider the person’s track record with money, including any history of fraud or theft.
• The complexity of the estate. A complicated estate may push the court to require added safeguards, such as a bond, even if the will requests independent administration.
  If the proposed executor has been pardoned or had civil rights restored, that evidence should be provided to the court as well. While a pardon is not required under the amended statute, it can further support suitability.
  

Practical Steps That Improve the Chances of Approval

If you intend to name someone with a felony conviction as executor, plan ahead and explain why you feel confident about the appointment, despite the conviction. A short, respectful statement that you understand the past conviction and still choose this person for specific reasons can be helpful context.

• Require a bond in the will if appropriate. Even in independent administrations, a bond can reassure the court and heirs that assets will be protected.
• Narrow the executor’s powers if needed. Your will can require court approval for certain transactions or name a co-executor with financial expertise.
• Name a reliable alternate. If the court ultimately declines to appoint your first choice, an alternate keeps the probate on track.

How the Appointment Process Works

The person named as executor applies for probate, typically asking to serve as independent executor if the will authorizes it. The court reviews qualifications under Sections 304.001 and 304.003. If the applicant is a felon, the court will confirm that the will names them, that they are otherwise qualified, and that appointment is appropriate. The court can require a bond, set conditions, or deny the request if the person is unsuitable. If approved, the court issues Letters Testamentary so the executor can act on behalf of the estate.

Independent or Dependent Administration

Most Texas wills aim for independent administration because it is faster and less expensive. When a proposed executor has a felony conviction, the court can still grant independent administration, particularly if the will clearly authorizes it and the court is satisfied with the person’s suitability and any safeguards. If the court has reservations, it can require a bond or, in rarer cases, convert to a dependent administration where the executor must seek court permission for many actions.

When Might a Court Say No?

A court can find a person “unsuitable,” even if named in the will. Judges take consider type of offense the named executor committed, repeated criminal conduct, crimes that question the named executor’s truthfulness, such as fraud, or behavior that suggests the person cannot meet fiduciary duties. If there are family disputes, lack of cooperation, or concerns about mismanagement, the court may refuse the appoint the executor and name another suitable person.

Alternatives If Approval Is Uncertain

You can still honor your overall plan if the named person is not appointed.

• Name co-executors. Pair the person you trust with a co-executor who brings financial or legal experience.
• Appoint a corporate fiduciary. Banks and trust companies can serve when neutrality and systems are needed.
• Add a “fallback” clause. State in your will who should serve if the court does not approve your first choice, so probate does not stall.

If there is no suitable executor named in the will, the court follows the Estates Code priority list for administrators. A person with a felony conviction is still subject to the same disqualification and suitability analysis. The court can appoint a different qualified person or a professional if needed.

Communication With Beneficiaries

If you plan to name an executor who has a prior conviction, you should let your primary beneficiaries know in advance so there are no surprises. Clear communication, paired with the safeguards described above, can help the probate proceed smoothly.

Plan Ahead for Peace of Mind

When choosing an executor, consider their trustworthiness, financial judgment, and legal eligibility. If you’re unsure whom to name, or if you want to name someone with a prior felony conviction, consult a Texas estate planning attorney. With proper planning and legal guidance, you can ensure your wishes are honored and your estate is handled smoothly.

This article was originally written on April 9, 2025 and updated on November 5, 2025.