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Texas Probate Code - Section 76. Persons Who May Make Application

Legal Research Home > Texas Lawyer > Probate Code > Texas Probate Code - Section 76. Persons Who May Make Application

§ 76. PERSONS WHO MAY MAKE APPLICATION.  An executor 
named in a will or any interested person may make application to the 
court of a proper county:
	(a)  For an order admitting a will to probate, whether the 
same is written or unwritten, in his possession or not, is lost, is 
destroyed, or is out of the State.
	(b)  For the appointment of the executor named in the will.                    
	(c)  For the appointment of an administrator, if no executor 
is designated in the will, or if the person so named is 
disqualified, or refuses to serve, or is dead, or resigns, or if 
there is no will.  An application for probate may be combined with 
an application for the appointment of an executor or administrator;  
and a person interested in either the probate of the will or the 
appointment of a personal representative may apply for both.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.                       

Last modified: August 10, 2007