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In re Estate of Velasco, 214 S.W.3d 213 (Tex. App.—El Paso 2007, no pet. h.).

Estate Administration

Appeal

Standing

Administrations on Decedent’s estate were opened in two counties and a variety of motions were filed and orders issued to resolve various issues.  One of the administrators attempted to appeal these orders.  The appellate court determined that this administrator lacked standing to appeal because he had previously transferred all of his potential interest in Decedent’s estate to another person.  The court explained that this administrator’s lack of a pecuniary interest in the estate prevented him from qualifying as an interested person under Probate Code § 3(r) because he had no interest that could be affected by the outcome of the administration of Decedent’s estate.

Moral:  A person must qualify as an interested person to have standing to appeal a trial court’s order involving a decedent’s estate.

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