Who is disqualified from serving as an executor?
Persons disqualified to serve as executor include a minor, a person lacking legal competency, a convicted felon, a non-resident of Texas who does not have a resident agent for service here, a corporation not authorized to act as a fiduciary in Texas, or a person whom the court finds unsuitable. Probate Code § 78. A person named as executor in a will is given first priority to serve. The burden is on the party opposing the proposed executor to establish the person’s disqualification. Powell v. Powell, 604 S.W.2d 491, 493 (Tex. Civ.App.-Dallas 1980, no writ).
