Sec. 361.103. APPOINTMENT BECAUSE OF EXISTENCE OF PRIOR RIGHT. 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.
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Structure Texas Statutes
Title 2 - Estates of Decedents; Durable Powers of Attorney
Subtitle H - Continuation of Administration
Chapter 361 - Death, Resignation, or Removal of Personal Representatives; Appointment of Successors
Subchapter C. Appointment of Successor Representative
Section 361.101. Requirements for Revocation of Letters
Section 361.102. Appointment Because of Death, Resignation, or Removal
Section 361.103. Appointment Because of Existence of Prior Right
Section 361.104. Appointment When Named Executor Becomes an Adult
Section 361.105. Appointment of Formerly Sick or Absent Executor
Section 361.106. Appointment When Will Discovered After Grant of Administration