If you’ve recently been named the executor of a loved one’s estate, the next steps may seem unclear. While the title can sound formal, even overwhelming, the role is ultimately about confirming a person’s final wishes are honored and their affairs are managed with care and responsibility.
According to EstateExec, non-professional executors can spend hundreds of hours settling an estate. It is vital to understand the responsibilities and expectations of the role before undertaking such a large commitment.
At Duffley Law, we guide Texas families through this process with clarity and patience, so our clients aren’t left guessing or overwhelmed. Our clients often say they felt relieved after their first call. “They always answered the phone when I called, to answer any question I had,” shared one Houston client.
We’re known across Houston for quick communication, compassionate service, and legal plans designed to keep families out of court when possible.
Key Takeaways
- An executor manages the estate of someone who has passed, following their will or Texas law.
- Duties include filing paperwork, notifying beneficiaries, settling debts, and distributing assets.
- Texas probate usually takes months, if not longer, depending on the estate’s intricacy or if there are legal contests.
- Executors can seek legal help to stay organized and avoid costly mistakes.
What Is an Executor?
An executor is the person legally responsible for managing the estate of someone who has passed away. That includes collecting assets, settling debts, filing paperwork with the court, and eventually distributing what’s left to the heirs named in the will.
If there’s no will, the person appointed by the court is often called an administrator, but the responsibilities are very similar to those of an executor.
In Texas, executors are granted formal authority through a document called Letters Testamentary, which the local probate court issues. In the Houston area, that’s typically the Harris County, Montgomery County, or other County Probate Court.
Who Can Serve as an Executor in Texas?
Texas law allows most adults to serve as executors, as long as they are:
- At least 18 years old
- Of sound mind
- Not a convicted felon (unless specifically allowed pursuant to state law and approved by the court)
The court has final discretion in approving executors.
People often choose a spouse, adult child, or trusted friend to serve as executor. If you’ve been named in a will, you generally aren’t legally required to accept the role. You can decline to serve and a backup executor may step in if one was named.
Serving as an executor is a serious commitment, but you don’t have to go through it alone. Many executors work with local attorneys to make sure the process is completed the right way.
What Are the Executor’s Legal Responsibilities?
Being an executor comes with real legal responsibilities and deadlines. It involves paperwork, finances, communication, and decision-making, all under the supervision of the probate court. Missing a step can lead to a court revoking letters testamentary or other actions that may prevent being able to settle the estate.
Locate Will and File Application with the Court
Your first legal step is to find the will and then file an application to probate the will with the local probate court, usually the Harris County Probate Court, if the deceased person lived in Houston. This is what formally starts the probate process. The will gets filed with the court as part of that process.
A number of other documents will be filed and typically a hearing is set with the court. At that hearing, the will and the executor will be approved if all of the steps have been met and the court is satisfied with everything.
Once approved, the court will issue Letters Testamentary, giving you legal authority to act on behalf of the estate.
There are some other obligations after the letters testamentary are approved, but this is one of the biggest hurdles to get over in the process!
Secure and Inventory the Assets
After receiving legal authority, you’ll gather information about everything the person owned, including real estate, bank accounts, investments, personal belongings, and business interests. You’ll often create a formal inventory of the assets, which may need to be submitted to the court within 90 days, depending on the specific estate.
Notify Creditors, Agencies, and Beneficiaries
As executor, you’re responsible for letting people know that the estate is in probate. This includes:
- Beneficiaries named in the will
- Known creditors
- Government agencies (like the IRS and Social Security Administration)
- Banks, investment firms, and insurance providers
Proper notice helps prevent future disputes and allows for transparency. Notices often must be published (such as in the local newspaper) at certain points in the process.
Pay Debts and File Taxes
Before distributing assets to beneficiaries, the executor typically must settle outstanding debts. This often includes final bills, taxes, credit cards, and any other legal obligations.
You’ll also potentially be responsible for filing tax return documents.
Distribute Assets According to the Will
Once all debts are paid and court requirements are met, you’ll distribute the remaining property to the beneficiaries listed in the will. This may involve transferring deeds, closing accounts, or selling property. Your job generally isn’t finished until everything is settled and documented.
What Does the Process Look Like in Texas?
While executor duties are similar across the U.S., each state and each county has its own probate rules. In Texas, the process is relatively clear, especially if the estate is uncontested and the will is properly drafted.
Probate in Harris County
If the deceased lived in Houston, you’ll likely be working with the Harris County Probate Court. It’s one of the busiest in the state, handling thousands of estates each year. Fortunately, the court provides clear procedures and online resources to help executors handle filings, hearings, and notices.
Having a clearly written (and properly drafted) will makes the process easier. Without one, the court must follow intestate succession rules, which can complicate matters and extend the timeline.
Timeline and Common Delays
In most cases, Texas probate can take at least a few months. Delays can happen if:
- The will is contested
- There are missing or hard-to-value assets
- Taxes or debts are complicated
- Beneficiaries disagree
Acting promptly, keeping records, and following court instructions are key to keeping things on track.
When Legal Help Is Recommended
You don’t need to be a lawyer to serve as an executor, but many executors do benefit from legal guidance, especially if:
- The estate includes significant assets
- There’s no will, or the will is outdated
- There are blended family dynamics
- Debts exceed the estate’s assets
Duffley Law offers probate services, so you can get help with meeting deadlines, managing filings, and distributing property.
What Happens If There Is No Will?
When someone passes away without a will, Texas law establishes a legal order called intestate succession. It can often result in outcomes the person might not have wanted, and can complicate things significantly.
Intestate Succession in Texas
Under the Texas Estates Code, the court divides the estate based on family relationships. For example:
- If the deceased was married with children from that marriage, the spouse typically inherits most or all of the estate.
- If there are children from another relationship, the surviving spouse might only get a portion, while the rest goes to the biological children.
- If there’s no spouse or children, the estate may go to parents, siblings, or even more distant relatives.
There are many different circumstances that change who gets what in intestate succession according to Texas law.
This can create tension, especially if loved ones assumed things would be divided differently. And, without a will, there’s also no way to name guardians for children or exclude estranged relatives.
Appointing an Administrator Instead
When no executor is named in a will, the court appoints an administrator. This person has similar duties, but their authority may be more limited. They might need to post a bond or seek court approval for each major step, adding time and cost to the probate process.
For Texas families, this can mean more court involvement and less flexibility. That’s why we always recommend at least putting a will in place and naming someone you trust to carry it out.
Can an Executor Be Compensated?
Serving as an executor takes time, organization, and effort, especially when managing court deadlines, family expectations, and financial details. In Texas, the law recognizes this and allows for fair compensation.
That said, the will may outline specific compensation or may state that an executor is not to be compensated at all.
How Texas Handles Executor Fees
According to Texas Estates Code § 352.002, executors are typically entitled to a 5% commission on all money the estate receives or pays out in the course of administration. This includes:
- Bank account withdrawals or deposits
- Proceeds from the sale of personal property
- Payments made to settle debts or taxes
It generally does not include the value of real estate or stocks unless those are sold during probate.
This compensation must be “reasonable,” and the court may reduce it if the executor fails to perform their duties properly.
If the will outlines a different fee or waives it altogether, that language takes priority.
When to Waive Compensation
Some executors, especially family members, choose to waive compensation to preserve more of the estate for other heirs. This is common in close-knit families or when the executor is also a primary beneficiary.
Whether you’re paid or not, keeping detailed records is key to protecting yourself and the estate.
What are the Duties of an Executor?
Here’s a simplified checklist of what’s typically expected of an executor in Texas, especially when working with courts like Harris County Probate Court. After appointment by the court, the executor typically must:
- Notify heirs and creditors
Send official notices to beneficiaries and known creditors. Publish a notice to unknown creditors if required. - Secure and inventory estate assets
Document everything: bank accounts, property deeds, vehicles, investments, and personal items of value. - Open a separate estate account
Use this to pay bills and collect incoming funds like refunds or final paychecks. - Pay debts, taxes, and administrative expenses
Prioritize legal debts and submit final income tax returns. - Keep records of all transactions
You may need to file an accounting with the court or justify distributions to heirs. - Distribute remaining assets
Transfer titles, close accounts, and deliver property according to the will’s instructions. - Close the estate
Submit a final report if required and request a court order to officially wrap up your duties.
Need Help as an Executor? Start Here.
Taking on the role of executor is an important responsibility. You’re expected to follow Texas law, meet deadlines, and handle everything from court filings to financial decisions, often while managing grief or family tension.
At Duffley Law, we help Houston-area executors stay on track, avoid probate pitfalls, and complete their duties with confidence.
Clients trust us for:
- Probate support with no surprise costs
- Fast responses and clear instructions
- A respectful, low-pressure approach that puts your needs first
To schedule a free consultation to see how we can best assist, you can call us at (281) 972-8321. We’ll help you understand your duties, protect the estate, and carry out your loved one’s wishes clearly and legally.