Being named executor in a will doesn’t give you immediate authority to sell property, access accounts, or distribute belongings. In Texas, the person named in the will generally must be appointed by a court before acting for the estate.
Once appointed, an executor has a fiduciary duty to put the estate’s interests ahead of personal interests. The role carries deadlines, recordkeeping requirements, creditor notices, and financial decisions that affect beneficiaries.
How an Executor Gains Authority in Texas
Your first priority is obtaining legal authority, not taking control of property on your own. A will identifies the deceased person’s preferred executor, but the court still must admit the will to probate and appoint a qualified executor.
After an executor qualifies under Texas law, the county clerk issues letters testamentary. These documents provide the evidence banks, title companies, and other institutions typically need before recognizing the executor’s authority.
Appointment generally gives the executor the rights and powers the deceased person held over estate property. That authority comes with a fiduciary duty. An executor who’s also an heir or beneficiary must base decisions on the estate’s obligations, not personal preference or a desire to receive property sooner.
- Keep the original will and death certificate secure.
- Identify property, accounts, bills, and important records without transferring or distributing property prematurely.
- Use the letters when an institution needs proof of your appointment.
Track Notice & Inventory Deadlines
Early deadlines set the pace of the administration. Missing one can create complications, lead to disputes, or expose the executor to court action.
A practical calendar should include these common deadlines:
- Within one month after receiving the letters: Publish notice to creditors in a newspaper of general circulation in the county where the letters were issued, as required by Texas Estates Code Section 308.051.
- Within 60 days after the will is admitted to probate: Generally provide notice to beneficiaries named in the will.
- Within 90 days after appointment: Generally file an inventory, appraisement, and list of claims, unless an affidavit in lieu of inventory is appropriate for an independent executor.
Keep one file or secure digital folder for court dates, proof of published notices, asset values, bills, creditor communications, beneficiary notices, and account statements. Thorough records make it easier to explain decisions and prepare required court filings.
Know Whether the Estate Is Independent or Dependent
The type of administration determines how much court oversight an executor receives. Texas estates often proceed independently, but that authority depends on the will, the court order, and sometimes agreement among the distributees.
Independent Administration
An independent executor usually handles many estate actions without requesting separate court approval each time. The will may direct this structure. If it doesn’t, all distributees may agree to it, and the court must grant the request unless doing so isn’t in the estate’s best interest.
Dependent Administration
A dependent administrator works under closer court supervision. Key transactions, including some sales and payments, generally require court approval. This structure can be appropriate when the estate has significant conflict, debt concerns, or other circumstances requiring added oversight.
Less court involvement doesn’t eliminate the executor’s responsibilities. The executor must still protect property, give required notices, file required documents, pay valid obligations, and make distributions according to the will or an heirship determination.
Manage Property, Debts & Distributions Carefully
Estate administration requires identifying what belongs to the estate, determining what it owes, and distributing only what remains under the governing legal process. Gathering financial statements is only one part of that work.
First, distinguish probate assets from property that passes outside probate. Property with a valid beneficiary designation, survivorship arrangement, or trust ownership may follow a different transfer path. Whether an asset belongs in the estate depends on its title, beneficiary designations, and the applicable documents.
Next, address creditor claims before making final distributions. An independent executor may classify and pay claims in the priority order established by the Texas Estates Code without applying to the court for most actions. Estate debts are paid from estate property. If the estate lacks sufficient property, some creditors may not be paid in full.
Before distributing property, an executor should have a clear record of:
- Estate property and its value.
- Valid debts, expenses, taxes, and creditor claims.
- The will’s instructions or the applicable heirship rules.
- Property or funds needed for unresolved obligations.
Inventory and appraisal become more involved when an estate includes real property, business interests, oil and gas interests, substantial investments, or tax questions. These issues call for coordinated legal and financial analysis rather than a quick division of property among family members.
Recognize Conduct That Can Lead to Removal
An executor’s appointment isn’t permanent if the person fails to perform required duties. Texas law permits removal in specific circumstances, making prompt action and careful documentation essential.
The grounds and procedures for removal include:
- Removal without notice: A court may act without notice when an executor can’t be served, such as when the executor’s whereabouts are unknown or the executor is evading service, or when the executor misapplies, embezzles, or removes estate property.
- Removal after notice: Grounds include gross misconduct, gross mismanagement, incapacity, a penitentiary sentence, or a material conflict of interest that prevents proper performance.
A bond may also be required unless the court, the will, or all distributees waive it in circumstances allowed by law. The bond provides financial protection against losses caused by improper handling of estate property.
Family disagreements don’t automatically mean an executor has acted improperly. Still, disputed ownership, accusations about missing property, creditor demands, and conflicts over a proposed sale deserve timely legal review. Waiting until money has been distributed or property has changed hands can make a dispute harder to resolve.
Probate in Lubbock County
In Lubbock County, the County Court has general probate jurisdiction. It handles matters that include probating wills, granting letters testamentary or administration, and settling personal representative accounts.
For a newly appointed executor, the practical sequence is straightforward: obtain authority, calendar deadlines, document every asset and obligation, handle claims through the correct process, and distribute property only when the estate is ready.
Our probate practice covers:
- Estate administration
- Creditor claims
- Asset inventory and appraisal
- Will validation
- Intestacy
- Spousal rights
- Estate and inheritance tax matters
Of Counsel Sam Hawthorne is a CPA with Board Certifications in Tax Law and Estate Planning & Probate Law, bringing both perspectives to complex administrations. To discuss your responsibilities and next steps, contact Beck Law Firm at (806) 304-7946.