Before letters are issued, the named executor or administrator with the will annexed must either take an oath or sign a declaration.
Sec. 305.051. OATH OR DECLARATION OF EXECUTOR OR ADMINISTRATOR WITH WILL ANNEXED. (a) Before the issuance of letters testamentary or letters of administration with the will annexed, the person named as executor or appointed as administrator with the will annexed shall: (1) take and subscribe an oath as prescribed by Subsection (b); or (2) make and sign a declaration as prescribed by Subsection (c). (b) If the person named as executor or appointed as administrator with the will annexed elects to take an oath under this section, the person shall take and subscribe an oath in substantially the following form: I do solemnly swear that the writing offered for probate is the last will of ________ (insert name of testator), so far as I know or believe, and that I will well and truly perform all the duties of __________ (insert "executor of the will" or "administrator with the will annexed," as applicable) for the estate of _______ (insert name of testator). (c) If the person named as executor or appointed as administrator with the will annexed elects to make a declaration under this section, the person shall make and sign a declaration in substantially the following form: My name is ________ (insert name of "executor of the will" or "administrator with the will annexed" as it appears on the order appointing the person as executor or administrator with the will annexed), my date of birth is ________ (insert date of birth of "executor of the will" or "administrator with the will annexed," as applicable), and my address is ________ (insert street, city, state, zip code, and country of "executor of the will" or "administrator with the will annexed," as applicable). I declare under penalty of perjury that the writing offered for probate is the last will of ________ (insert name of testator), so far as I know or believe. I also solemnly declare that I will well and truly perform all the duties of ________ (insert "executor of will" or "administrator with the will annexed," as applicable) for the estate of ________ (insert name of testator). Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014. Amended by: Acts 2023, 88th Leg., R.S., Ch. 205 (S.B. 1373), Sec. 24, eff. September 1, 2023.