An applicant for the issuance of letters testamentary or of administration of an estate must prove to the court's satisfaction that:
(1) the person whose estate is the subject of the application is dead;
(2) except as provided by Sections 301.002(b)(1) and (2) with respect to administration necessary to receive or recover property or to prevent real property of the estate from becoming a danger, and Section 501.006 with respect to a foreign will, four years have not elapsed since the date of the decedent's death and before the application;
(3) the court has jurisdiction and venue over the estate;
(4) citation has been served and returned in the manner and for the period required by this title; and
(5) the person for whom letters testamentary or of administration are sought is entitled by law to the letters and is not disqualified.
Official text of the Texas Estates Code as published by the Texas Legislative Council.