What is the Job of an Executor in Texas?

 Posted on February 26, 2025 in Probate

If you have an estate plan, including a will, an executor will be named as the person you designate to fulfill your wishes after your death. An executor is often a close family member or a trusted friend but can also be an attorney or other professional. The named individual will execute the terms of your will as far as probating the will, distributing assets to heirs, paying any remaining financial obligations, and having assets appraised when necessary.

The person you choose as the executor of your estate should be one you trust implicitly and believe has the capacity to carry out your wishes. When a person dies without a will in the state of Texas, the personal representative is called the administrator rather than the executor and is appointed by the court.

If there is a will with a named executor, but that person is unable to serve, the court will also appoint an administrator. If you have questions regarding how to choose an executor for your estate or you have been named the executor of another’s estate and are unsure of your role, an experienced Bosque County, TX estate planning attorney can help.  

What Are the Duties of an Executor?

An executor of an estate has many responsibilities. Each situation is unique, and the executor’s tasks will be tailored to the size and complexity of the estate. Some of the typical duties of an executor include:

• The executor will ask the court to accept the will to probate.
• The executor will apply for letters of administration through the probate court.
• If the decedent left burial instructions, the executor may assist family members with the funeral and burial.
• All heirs and beneficiaries will be notified by the executor.
• An inventory of all assets will be completed.
• Appraisals will be ordered for assets whose value is uncertain.
•  Entities like banks and insurers will be notified of the death.
• There may be negotiations with creditors before the decedent’s debts are paid.
• A final tax return for the decedent will be prepared.
• All administrative expenses must be reported, along with an accounting of the estate.
• Assets will be distributed to named beneficiaries
• The estate will be closed

A small estate that has no unexpected issues may go through probate within six months. Many probate cases can last for a year or even longer. A missing or contested will can stretch the time it takes to probate the estate to two years or longer. After 15 months, any party involved in the probate proceedings can request a detailed accounting report from the executor. Additional requests can be made every 12 months.

What Can a Texas Executor Not Do?

An executor is a fiduciary, which means he or she has a legal obligation to follow the instructions of the decedent and act in the best interests of the beneficiaries. The money and property of the decedent must never be mixed with the assets of the executor, and the executor must always scrupulously keep records of every transaction. The executor of a Texas estate may not, under any circumstances, do any of the following:

• Use assets for his or her own benefit
• Refuse to follow the instructions in the will
• Favor one beneficiary over others
• Withhold information from beneficiaries
• Harm the estate in any way, whether intentionally or unintentionally
• Threaten an heir or beneficiary

Contact a Parker County, TX Probate Attorney

Deciding to have an estate plan prepared can bring you face-to-face with your own mortality, which is uncomfortable for many people. If you have ever witnessed the chaos of a family whose loved one failed to leave an estate plan, you can see the wisdom of overcoming any stumbling blocks. Having a Johnson County, TX probate lawyer from The Law Offices of Rob Christian as your partner in this endeavor can make a significant difference. Call 682-936-4003 to schedule your free consultation and get started on your estate plan.