Can a Felon Serve as a Probate Executor in Texas?

As of September 1, 2023, Texas law allows certain convicted felons to serve as executors of an estate—but only under specific conditions.
Key Requirements:

1. Named in the Will: The individual must be explicitly named as an executor in the decedent’s valid Will. A person with a felony conviction cannot be appointed as a substitute or replacement executor unless they are specifically designated in the Will.
2. Court Approval Required: Even if named, the probate court must yet assess whether the individual is fit to serve. The nature of the felony matters—those convicted of crimes involving dishonesty (like embezzlement or larceny) may be deemed unqualified by the court.

Why Legal Guidance Matters:

Because courts evaluate each case individually, consulting with an experienced Texas probate attorney is essential if a Will names a felon as executor. Legal counsel can help anticipate any challenges to the appointment and guide you through the probate process efficiently.