What a Texas Executor Does
In Texas, the executor of an estate is the person or institution appointed by a will—or by the court if there is no will—to carry out probate. The role starts when the executor files the will with the probate court and continues until assets are distributed and the estate is closed. Texas law, particularly the Texas Estates Code, sets the duties and limits for this fiduciary role.
More from this site
Keep reading the latest coverage
Qualifications to Serve
Texas places specific limits on who can serve as executor. An executor must be:
- A natural person who is at least 18 years old.
- A resident of Texas, unless they are a family member of the decedent.
- Of sound mind and not convicted of a felony.
Certain individuals are disqualified, including minors and people the court finds unsuitable due to conflict of interest or incapacity. Corporate fiduciaries and trust companies can also serve if authorized under Texas law.
Key Duties of a Texas Executor
The executor's responsibilities are wide-ranging and legally binding:
- Filing the will for probate and opening the estate.
- Notifying heirs, beneficiaries, and creditors.
- Inventorying and appraising the decedent's assets.
- Paying valid debts, taxes, and administrative expenses.
- Distributing remaining assets according to the will or Texas intestacy laws.
- Closing the estate with the court.
Executors must act in the best interest of the estate and its beneficiaries, avoiding self-dealing or mismanagement.
Compensation and Removal
Texas executors are entitled to compensation, typically five percent of the estate's gross and net amounts, unless the will specifies otherwise or the court adjusts it. An executor can be removed by the court for misconduct, neglect, or inability to serve. Beneficiaries can also contest an executor's actions through a legal proceeding.
Executor vs. Administrator
When a person dies with a valid will naming an executor, that person serves as executor. If there is no will, or the named executor cannot serve, the court appoints an administrator. The duties are similar, but an administrator is appointed by the court rather than named in the will.
| Aspect | Executor | Administrator |
|---|---|---|
| Appointed by | Named in the will | Court appointment |
| Applies when | Valid will exists | No will or executor unavailable |
| Authority | Per will and Texas law | Per court order and Texas law |
| Compensation | Per will or statutory | Per statutory or court order |
How to Begin the Process
To start probate in Texas, the executor files an application with the county clerk in the county where the decedent lived. Texas allows independent administration if the will includes the proper provisions, which reduces court supervision. Without those provisions, the estate may require dependent administration, which involves more court oversight.