Being named executor is both an honor and a responsibility. The executor is the person who carries an estate through probate, settles the deceased person’s affairs, and delivers what remains to the beneficiaries. For someone stepping into the role for the first time, often while grieving, the duties can feel overwhelming. Ellen Williamson Law explains below what estate administration involves and what a Texas executor is expected to do.
What Estate Administration Involves
Estate administration is the process of gathering a deceased person’s assets, paying valid debts and expenses, and distributing the remainder according to the will or, if there is no will, according to Texas law. The executor named in a will, or an administrator appointed when there is no will, is the person legally responsible for that work. The role is often called serving as a personal representative.
The duties are real and the standard is high, but with organization and steady guidance, most estates can be administered smoothly.
Opening the Estate
Administration begins by opening probate. An application is filed with the appropriate probate court, and after a short waiting period the court holds a hearing. If there is a valid will, the court admits it to probate. The court then appoints the executor and issues “letters testamentary,” the document that confirms the executor’s legal authority to act on behalf of the estate. Our overview of the Texas probate process explains these early steps in more detail.
Once appointed, the executor often takes an oath and may need to notify beneficiaries that the will has been admitted.
Inventorying Assets and Notifying Creditors
One of the executor’s first major tasks is preparing an inventory of the estate. Under the Texas Estates Code, the personal representative generally must file a verified inventory, appraisement, and list of claims with the court within 90 days of qualifying, unless the court grants more time. The inventory lists the estate’s property and its value, and in Texas it also identifies which property is separate and which is community property.
The executor must also locate and protect estate assets, secure property, and address creditors. Texas law sets out how creditors are notified and how claims are handled, and the executor must give the required notices and deal with valid debts before assets are distributed.
Paying Debts and Distributing the Estate
Before beneficiaries receive anything, the executor pays the estate’s valid debts, taxes, and administration expenses, in the order the law requires. This may include final bills, funeral expenses, and any taxes owed. The executor must handle estate funds carefully, keeping them separate from personal money and maintaining clear records of every transaction.
Once debts and expenses are resolved, the executor distributes the remaining assets to the beneficiaries named in the will, or to the heirs determined by Texas law if there is no will, and then closes the estate. If a dispute arises along the way, such as a will contest, administration can take longer and may require additional court involvement.
The Executor’s Legal Duty
An executor is a fiduciary, which means the law requires the executor to act honestly, loyally, and in the best interest of the estate and its beneficiaries. The executor must not mix estate funds with personal funds, must not engage in self-dealing, and must keep accurate records. An executor who mismanages the estate or breaches these duties can be held personally accountable.
This responsibility is one reason the choice of executor matters so much, a topic covered in our overview of choosing an executor or trustee. It is also why many executors choose to work with an attorney rather than navigate the process alone.
Get Help from a Texas Probate Attorney
Ellen Williamson Law guides executors and administrators through estate administration in Dallas County and surrounding counties, with familiarity with the local probate courts and their procedures. Many firms bill probate work hourly; our firm offers flat fees for most matters, which experience and strong internal systems make possible, so families can move forward without uncertainty about cost.
Our firm works with clients through our Dallas probate attorney and Dallas estate planning attorney services, and assists families in the northern suburbs as a Farmers Branch probate attorney. We also help clients prepare a will designed to make administration as smooth as possible.
If you have been named executor or need help settling an estate, contact Ellen Williamson Law to schedule a consultation.