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.