Being named executor is an honor and a responsibility. In Texas, the executor (or, when there is no will, the administrator) stands in a position of trust and must handle the estate carefully and in the right order. Here is what the job involves.
Qualifying to Serve
The process begins by applying to probate the will and be appointed. Once the court appoints them, the executor receives Letters Testamentary (or Letters of Administration when there is no will) — the proof of authority that banks and others will ask to see.
Core Duties
- Inventory the estate — file an inventory, appraisement, and list of claims (generally within 90 days), or an affidavit in lieu of inventory when allowed
- Notify creditors — publish notice and give required notice to secured creditors
- Notify beneficiaries named in the will
- Pay valid debts and taxes from estate funds, in the priority Texas law sets
- Distribute the estate to the beneficiaries or heirs once obligations are met
The Duty of Care
An executor is a fiduciary. That means acting honestly, keeping estate money separate from personal money, keeping good records, and treating all beneficiaries fairly. An executor who self-deals, misses deadlines, or mismanages assets can be removed and held personally liable. Doing the job right protects both the estate and the executor.
You Do Not Have to Do It Alone
Most executors work with a probate attorney, and in an independent administration that guidance keeps the estate moving without unnecessary trips to court. If serving feels overwhelming, or if disputes arise, we can take the legal weight off your shoulders.
Frequently Asked Questions
What are an executor’s main duties in Texas?
To gather and safeguard estate assets, notify creditors and beneficiaries, pay valid debts and taxes, and distribute what remains to the people entitled to it.
Does a Texas executor get paid?
Yes. Texas law allows reasonable compensation for serving, though many family executors choose to waive a fee. An attorney can explain how compensation is calculated.
Can an executor be held personally liable?
An executor who acts carefully and honestly is generally protected, but one who mismanages the estate, misses deadlines, or self-deals can be held personally responsible.
Talk With a Texas Probate Attorney
Named as an executor and not sure where to start? We will walk you through every step. Call 713-955-6182 or contact The De Leon Law Firm to get started.