Can a Convicted Felon be an Executor in Texas?

Yes, Texas law allows a convicted felon to serve as an executor if certain conditions are met.

In the past, Texas law disqualified anyone with a felony conviction from serving as an executor. However, a 2023 amendment to Section 304.003 of the Texas Estates Code changed that. 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—despite a prior conviction.

Who Can’t Serve as an Executor in Texas?

Under Section 304.003 of the Texas Estates Code, a felon can not serve as an executor if they:

• Are incapacitated;
• Have been convicted of a felony and do not meet the requirements listed above;
• Live outside Texas and haven’t appointed a resident agent to accept service of process;
• Represent a corporation not authorized to act as a fiduciary in Texas; or
• Are found unsuitable by the court.

An Example from Practice

Someone recently contacted me with a question. He had two daughters and one son. He didn’t trust his daughters to act fairly and wanted to name his son as executor. The complication? His son had a felony conviction.

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 If No One Qualifies?

If no family member qualifies or the court deems them unsuitable, the court can appoint a third party—such as a professional fiduciary or attorney—to serve as executor or administrator.

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.