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Texas Estates Code

§ 361.103 — APPOINTMENT BECAUSE OF EXISTENCE OF PRIOR RIGHT

ES § 361.103Title 2. ESTATES OF DECEDENTS; DURABLE POWERS OF ATTORNEY · Part H. CONTINUATION OF ADMINISTRATION · Ch. 361. DEATH, RESIGNATION, OR REMOVAL OF PERSONAL REPRESENTATIVES; APPOINTMENT OF SUCCESSORS · Art. C. APPOINTMENT OF SUCCESSOR REPRESENTATIVE

Statute text

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If letters testamentary or of administration have been granted to a person and another person applies for letters, the court shall revoke the initial letters and grant letters to the second applicant if the second applicant:
(1)is qualified;
(2)has a prior right to the letters; and
(3)has not waived the prior right to the letters.

Legislative history

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.