Sec. 190. OATHS OF EXECUTORS AND ADMINISTRATORS    


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  • (a) Executor, or Administrator With Will Annexed. Before the issuance of letters testamentary or of administration with the will annexed, the person named as executor, or appointed administrator with the will annexed, shall take and subscribe an oath in form substantially as follows: "I do solemnly swear that the writing which has been offered for probate is the last will of ______, so far as I know or believe, and that I will well and truly perform all the duties of executor of said will (or of administrator with the will annexed, as the case may be) of the estate of said ______."

    (b) Administrator. Before the issuance of letters of administration, the person appointed administrator shall take and subscribe an oath in form substantially as follows: "I do solemnly swear that ______, deceased, died without leaving any lawful will (or that the named executor in any such will is dead or has failed to offer the same for probate, or to accept and qualify as executor, within the time required, as the case may be), so far as I know or believe, and that I will well and truly perform all the duties of administrator of the estate of said deceased."

    (c) Temporary Administrator. Before the issuance of temporary letters of administration, the person appointed temporary administrator shall take and subscribe an oath in form substantially as follows: "I do solemnly swear that I will well and truly perform the duties of temporary administrator of the estate of ______, deceased, in accordance with the law, and with the order of the court appointing me such administrator."

    Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 602, Sec. 8

    (d) Filing and Recording of Oaths. All such oaths may be taken before any officer authorized to administer oaths, and shall be filed with the clerk of the court granting the letters, and shall be recorded in the judge's probate docket.

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 602 , Sec. 8 (d) Filing and Recording of Oaths. All such oaths may be taken before any officer authorized to administer oaths, and shall be filed with the clerk of the court granting the letters, and shall be recorded in the judge's probate docket. Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by: Acts 2007, 80th Leg., R.S., Ch. 1170 , Sec. 7.04, eff. September 1, 2007. Acts 2009, 81st Leg., R.S., Ch. 602 , Sec. 8, eff. June 19, 2009. Acts 2009, 81st Leg., R.S., Ch. 680 , Sec. 10(a), eff. January 1, 2014.