Executor Duties in Texas: A Step-by-Step Checklist
Being named executor is an honor, and a job with legal duties and deadlines. Texas executors manage someone else’s property for the benefit of others, and the law holds them to a high standard. This checklist walks through what an executor in Texas does, in order, with the deadlines that matter.
Executor Duties in Texas: Quick Answer
- The job: probate the will, collect and protect the assets, notify beneficiaries and creditors, file an inventory, pay valid debts and taxes, then distribute what is left and close the estate.
- Key deadlines: qualify before the 21st day after the order; notify beneficiaries within 60 days; publish creditor notice within 1 month of letters; file the inventory within 90 days.
- Standard of care: executors are fiduciaries. They can be removed, and sued, for mismanaging the estate.
- Pay: unless the will says otherwise, a Texas executor can generally receive a 5% commission on certain money received and paid out (Tex. Est. Code § 352.002).
Before You Are Appointed
- Find the original will and keep it safe. Don’t write on it or remove staples.
- Secure the property. Lock the house, keep insurance in force, and protect vehicles and valuables.
- Don’t distribute anything yet, even items family members say were promised to them.
- Don’t pay the person’s debts from your own money expecting to be repaid. Wait until you have authority and know what the estate owes.
- Gather records: recent statements, deeds, titles, tax returns, insurance policies and certified death certificates.
See also what to do after someone dies in Texas.
The Executor’s Checklist
| Step | Deadline | Law |
|---|---|---|
| Apply to probate the will and for letters testamentary | Generally within 4 years of the death | § 256.003 |
| Take the oath and post any required bond (qualify) | Before the 21st day after the order | § 305.003 |
| Get an EIN and open an estate bank account | As soon as letters are issued | IRS |
| Send notice to each beneficiary named in the will | Within 60 days of the order admitting the will | § 308.002 |
| File the affidavit or certificate confirming beneficiary notice | Within 90 days of the order | § 308.004 |
| Publish notice to creditors | Within 1 month of receiving letters | § 308.051 |
| File the inventory, appraisement and list of claims, or an affidavit in lieu of inventory when allowed | Within 90 days of qualifying, unless extended | § 309.051, § 309.056 |
| Collect assets, pay valid debts and expenses | Ongoing | chs. 355, 403 |
| File the final personal income tax return and the estate’s income tax returns, and an estate tax return if required | IRS deadlines | IRS |
| Distribute the estate and close it | After debts and taxes are handled | § 405.004 |
Whether you need the court’s permission for each step depends on the type of administration. An independent executor acts without court approval for most steps. In a dependent administration, the court approves claims, sales and accounts.
What an Executor Should Never Do
- Mix estate money with personal money, or use estate funds for personal expenses
- Buy estate property for themselves without proper approval
- Favor one beneficiary over another, or ignore the will’s instructions
- Distribute assets before debts, taxes and expenses are accounted for
- Ignore beneficiaries’ reasonable requests for information
Beneficiaries can ask the court to remove an executor and can sue for breach of fiduciary duty. See can you sue an executor for breach of fiduciary duty? and what to do when an executor delays probate.
Can an Executor Be Paid in Texas?
Yes. Unless the will sets a different amount or the executor declines, the standard compensation is a 5% commission on cash actually received and paid out during the administration, capped at 5% of the gross value of the estate under administration (§ 352.002). No commission is allowed on cash that was already in the person’s bank or brokerage accounts at death, life insurance proceeds, or cash paid to beneficiaries. Reasonable expenses of administration are generally paid from the estate.
What If You Don’t Want to Be Executor?
You can decline. The court will then appoint the next person entitled to serve, such as an alternate executor named in the will, the surviving spouse or a beneficiary (§ 304.001). If you are unsure, talk with an attorney before you take the oath, because once you qualify you take on the duties.
Shortcuts When the Estate Is Simple
Not every estate needs an executor. If the estate owes no debts except a mortgage, title probate (muniment of title) transfers property without one. For small estates with no will, a small estate affidavit may work. See also letters testamentary in Texas.
Frequently Asked Questions
How long does an executor have to settle an estate in Texas?
There is no single deadline, but most independent administrations take about 6 to 12 months. Beneficiaries can ask the court to order an accounting and distribution if an independent administration is still open two years after letters were first issued (§ 405.001).
Does an executor have to notify beneficiaries in Texas?
Yes. The executor must send notice to each beneficiary named in the will within 60 days of the order admitting the will, and file an affidavit or certificate confirming it within 90 days.
Is an executor personally liable for the deceased person’s debts?
Generally no. Debts are paid from the estate. But an executor who distributes assets before paying valid debts, or who mismanages the estate, can become personally liable.
Can an executor sell the house in Texas?
An independent executor usually can if the will grants a power of sale or the beneficiaries agree. In a dependent administration, a sale needs a court order.
Does an executor need a lawyer in Texas?
Texas courts generally expect executors to be represented in probate. A lawyer also helps executors avoid the mistakes that lead to personal liability.
Need help with an estate? Call (512) 737-8404, book a free probate consultation, or request a free probate case review.
Sources
- Tex. Est. Code chapter 305 (qualification)
- Tex. Est. Code chapter 308 (notices)
- Tex. Est. Code chapter 309 (inventory)
- Tex. Est. Code § 352.002 (executor compensation)
- Tex. Est. Code chapter 405 (accounting, distribution and closing)
Written by Turner Henington, attorney, Henington Lewis Law Firm PLLC. This article is general information, not legal advice for your situation.
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