Sec. 77. ORDER OF PERSONS QUALIFIED TO SERVE    


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  • Letters testamentary or of administration shall be granted to persons who are qualified to act, in the following order:

    (a) To the person named as executor in the will of the deceased.

    (b) To the surviving husband or wife.

    (c) To the principal devisee or legatee of the testator.

    (d) To any devisee or legatee of the testator.

    (e) To the next of kin of the deceased, the nearest in order of descent first, and so on, and next of kin includes a person and his descendants who legally adopted the deceased or who have been legally adopted by the deceased.

    (f) To a creditor of the deceased.

    (g) To any person of good character residing in the county who applies therefor.

    (h) To any other person not disqualified under the following Section. When applicants are equally entitled, letters shall be granted to the applicant who, in the judgment of the court, is most likely to administer the estate advantageously, or they may be granted to any two or more of such applicants.

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1979, 66th Leg., p. 1763, ch. 713, Sec. 34, eff. Aug. 27, 1979.