What Powers Does a Texas Probate Executor Have? Duties, Deadlines, and Legal Limits Explained
In Texas, the executor of an estate is responsible for managing and distributing a deceased person's assets following their will or Texas probate law if no will exists. Executors are critical in ensuring the estate is administered lawfully and efficiently. The Texas Estates Code defines the executor's authority, timelines, and obligations—and understanding these responsibilities is crucial for both executors and beneficiaries.
What's the Difference Between an Executor and an Administrator?
Both executors and administrators serve as personal representatives of an estate, but the key difference lies in how they are appointed:
Executor: A person named explicitly in the will of the deceased
Administrator: Appointed by the court when no will exists or the will fails to name an executor.
While their titles differ, the duties of an executor and an administrator are generally the same under Texas probate law.
Role and Responsibilities of a Texas Executor
The executor or administrator must take control of the decedent's property, pay valid debts, and ensure proper distribution of the remaining assets to the rightful heirs or beneficiaries. As fiduciaries, executors must act in the estate's and its beneficiaries' best interest.
Key responsibilities include:
Collection and assessing estate assets
Paying final debts and taxes
Managing estate property during probate
Distributing assets to beneficiaries
Filing court documents and meeting deadlines under the Texas Estates Code
Independent vs. Dependent Administration in Texas
There are two types of probate administration in Texas: independent and dependent. The difference lies in how much court involvement is required.
Independent Administration
Independent administration is a true benefit when it comes to Texas probate law. If the will authorizes it—or if all heirs agree—it allows the executor to act with minimal court supervision, saving time and money. The independent executor can:
Pay debts
Sell property
Distribute assets
Dependent Administration
If the will doesn't permit independent administration or the heirs cannot agree, the court may require dependent administration. This process involves significantly more court oversight. In a dependent administration, the executor must:
File motions with the court for approval of key actions (e.g., selling property or paying debts)
Wait for the court to issue orders before acting
This method ensures greater accountability and is often required when minor children inherit, or disputes among heirs exist. However, it can also increase the cost and length of the probate process.
Important Deadlines for Executors in Texas
The Texas Estates Code outlines several deadlines that executors must follow:
Notice to Creditors: Executors must publish a notice in a local newspaper to notify unsecured creditors and send direct notice to secured creditors (e.g., mortgage lenders).
Inventory, Appraisement, and List of Claims: Must be filed within 90 days of the executor's appointment. This inventory details the value of the estate assets.
Annual Accountings: Required in dependent administrations to show all income, expenses, and distributions from the estate.
Final Accounting and Closing: The executor must file a final report before closing the estate and seek court approval to distribute the remaining assets.
Missing these deadlines can result in penalties or the court removing the executor.
Remedies for Beneficiaries: When an Executor Fails Their Duty
Executors are fiduciaries and must handle the estate honestly and competently. If they fail to do so, beneficiaries have options to protect their rights:
Request for Accounting: In independent administrations, an accounting must be provided only after a formal demand by a beneficiary.
Request for Bond: Even if the will waives the bond requirement, beneficiaries can later demand one if there are concerns about estate mismanagement. A bond protects the estate if assets are lost or damaged due to the executor's misconduct.
Motion for Removal: Beneficiaries may petition the probate court to remove the executor for negligence, conflict of interest, or failure to comply with court orders.
Serving as an executor or administrator in Texas involves serious legal responsibilities and time-sensitive obligations.
For beneficiaries, it's essential to stay informed about the estate's status and seek attorney representation if something does not seem right.
If you've been named as an executor or are a beneficiary concerned about an ongoing probate matter, consulting with an experienced Texas probate attorney can provide assistance and guidance for handling a Texas estate.
