What an Executor Does in Texas
An executor is the person named in a will to carry out its instructions. In Texas, the executor files the will for probate, takes an oath, collects and protects estate assets, files an inventory, gives required notices to creditors, pays debts and taxes, and distributes what remains to the beneficiaries. Executors owe fiduciary duties and can be personally liable if they pay beneficiaries before debts or mishandle assets.
Main duties
- Probate the will. File the application and obtain letters testamentary.
- Secure assets. Protect the home, accounts, vehicles and valuables, and keep property insured.
- Inventory. Prepare a list of assets and values and file it with the court.
- Notify creditors and beneficiaries. Texas has statutory notice requirements that must be followed.
- Pay obligations. Pay valid debts, final expenses and taxes in the order the law requires.
- Distribute assets. Transfer what remains to the beneficiaries.
- Close the estate.
Executor liability
An executor is a fiduciary and must act loyally, prudently and impartially. An executor can be personally liable for paying beneficiaries before debts and taxes, for mixing estate funds with personal funds, for failing to insure or maintain property, or for self-dealing. Keep estate funds in a separate account, keep detailed records, and when unsure, ask an attorney before acting.
Executor compensation
Texas law allows an executor to receive a commission, generally a percentage of cash paid out and received, unless the will says otherwise. Many family executors waive it. Compensation is taxable income to the executor.
Can an executor decline
Yes. A person named as executor can decline to serve. If the first choice declines, the court appoints the alternate named in the will, or an administrator. Do not take actions that look like accepting the role if you do not intend to serve. A will that waives bond and requests independent administration reduces cost and supervision for whoever accepts.
When to hire an attorney
An attorney is especially useful if the estate has debts, real estate in several places, business interests, a dispute among heirs, or unclear instructions. Even for a straightforward estate, an attorney can help the executor avoid missed notices and mistakes with creditors and taxes. See how probate works and small estate options.
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Book Free ConsultationFrequently asked questions
Is the executor the same as a trustee?
No. An executor administers the probate estate under the will. A trustee manages assets held in a trust.
Can an executor also be a beneficiary?
Yes. Many are, such as a spouse or child, but they must still act impartially toward other beneficiaries.
Can an executor be removed?
Yes. A court can remove an executor for cause, such as mismanagement or failing to follow the law.
Does an executor have to be a Texas resident?
A nonresident can serve in Texas only if they appoint a resident agent for service of process. Check the requirements before naming one.