Can a Convicted Felon be an Executor in Texas?

I received a email recently from someone asking whether a convicted felon can serve as an executor in Texas.

The individual who contacted me had two daughters and one son, but didn’t trust his daughters to be fair and honest. Unfortunately, his son had been convicted of a felony.

Section 304.003 of the Texas Estates Code concerns persons disqualified to serve as an executor or administrator in Texas. It provides that a person is not qualified to serve if he or she is:

1. Incapacitated;
2. A felon convicted under the laws of the United States or of any state of the United States unless, in accordance with the law, the person has been pardoned or has had his or her civil rights restored;
3. A nonresident of the Texas who is a natural person or corporation and 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 the state; or
5. A person whom the court finds unsuitable.

Since the individual’s son had been convicted of a felony, he would not be able to serve as an executor in Texas unless he had been pardoned or had his civil rights restored.