A testator may authorize a named executor or another identified person to appoint an administrator, but the designation must be in writing and acknowledged, and the appointee may serve only if the listed conditions are met.
Sec. 254.006. DESIGNATION OF ADMINISTRATOR. (a) A testator may grant in a will to an executor named in the will or to another person identified by name, office, or function the authority to designate one or more persons to serve as administrator of the testator's estate. (b) To be effective, a designation of an administrator of a testator's estate as authorized by a will under Subsection (a) must be in writing and acknowledged before an officer authorized to take acknowledgments and administer oaths. (c) Unless the will provides otherwise, a person designated to serve as administrator of a testator's estate as provided by Subsection (a) may serve only if: (1) each executor named in the testator's will: (A) is deceased; (B) is disqualified to serve as executor; or (C) indicates by affidavit filed with the county clerk of the county in which the application for letters testamentary is filed or, if an application has not been filed, a county described by Section 33.001(a)(1) or (2) the executor's inability or unwillingness to serve as executor; (2) the designation is effective as provided by Subsection (b); and (3) the person is not disqualified from serving under Section 304.003. (d) Unless the will or designation provides otherwise, a person designated as administrator of a testator's estate as provided by this section has the same rights, powers, and duties as an executor named in the will, including the right to serve as an independent administrator with the power to sell property without the need for consent of the distributees under Section 401.002 or 401.006. Added by Acts 2019, 86th Leg., R.S., Ch. 1141 (H.B. 2782), Sec. 8, eff. September 1, 2019.