Who Can File An Application for Probate?

If an executor is named in a Will, then that person is generally the most logical person to file an application to probate the Will.

The Texas Estates Code also provides that the applicant may be in “interested person.” An interested person is defined as:

1. an heir, devisee, spouse, creditor, or any other person having a property right in or claim against an estate being administered; and
2. anyone interested in the welfare of an incapacitated person, including a minor.

An applicant can also be an independent administrator who is appointed by those entitled to receive the decedent’s assets when the Will does not name an executor or when the executor named is unable or unwilling to serve.