Jurisdiction and the Non-Resident Executor

In the case of In re Estate of Davis, 216 S.W.3d 537 (Tex. App.—Texarkana 2007, pet. denied), an out-of-state individual who was appointed as an executor in Texas and who thereafter allegedly mismanaged the estate asserted that the Texas probate court lacked jurisdiction over him.

The court looked at a variety of factors such as the appointment of a resident agent to accept service of process, making trips to Texas, and petitioning the Texas court to be recognized as the independent executor, to demonstrate that there were sufficient minimum contacts with Texas to authorize Texas to assert jurisdiction.  The court also reviewed the facts and held that the assertion of personal jurisdiction did not offend traditional notions of fair play and substantial justice.

Moral:  A non-resident who serves as a personal representative in Texas should expect to be subject to the personal jurisdiction of Texas courts.