Sec. 76. PERSONS WHO MAY MAKE APPLICATION    


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  • An executor named in a will or any interested person may make application to the court of a proper county:

    (a) For an order admitting a will to probate, whether the same is written or unwritten, in his possession or not, is lost, is destroyed, or is out of the State.

    (b) For the appointment of the executor named in the will.

    (c) For the appointment of an administrator, if no executor is designated in the will, or if the person so named is disqualified, or refuses to serve, or is dead, or resigns, or if there is no will. An application for probate may be combined with an application for the appointment of an executor or administrator; and a person interested in either the probate of the will or the appointment of a personal representative may apply for both.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956.