The executor of a will is the person chosen by the deceased to administrate the provisions of the will of their estate. This responsibility is usually entrusted to a person in whom the deceased has a great deal of trust and confidence, such as a family member, accountant or lawyer.
In Texas it is not enough to be named the executor in a will; you must be appointed to the position by a court. Once you’ve received your appointment, the court will grant you what are called “letters testamentary,” which serve as evidence of your appointment when dealing with others concerning the affairs of the estate.
Obligations Of An Executor In Texas
There are a great many legal obligations that come with being appointed the executor of a will in Texas. The primary duties of the executor of a will in Texas include:
- Giving notice to each beneficiary named in the will whose identity and address is known to you
- Giving notice to creditors
- Gathering and identifying the assets of the person who died and submitting a complete inventory of the estate to the court
- Protecting and managing the deceased’s assets
- Settle all claims of creditors against the estate
- Paying the decease’s taxes
- Determine who is entitled to the remaining property
- Closing the estate
- Distributing the remaining assets to those entitled to them under the terms of the will
Failure To Fulfill Your Duties of the Executor of a Will
In Texas, an executor has many legal responsibilities. This may be a difficult time, but an executor must follow the law when carrying out their duties on behalf of the deceased and their estate. The executor must honor the details of the will, no matter what their feelings are towards the beneficiaries. Hiding or mismanaging assets, or delaying payments to creditors and beneficiaries can result in fiduciary litigation for the executor.
Get Help With The Duties Of An Executor Of A Will In Texas
If you have been appointed the executor of a will in Texas, the best first thing to do is consult with an experienced probate attorney. A probate attorney can provide helpful, impartial advice to you as to your responsibilities under the law and your obligations to the estate. They can also help you avoid mistakes, such as waiting too long to file paperwork or give notice to creditors and beneficiaries.
The probate lawyers at Munsch Hardt are here to offer compassionate and professional representation during what is often a very emotional and stressful time. We are here to guide you through all the steps you must complete after being appointed the executor of a will. We have extensive probate experience and can help you with many different issues related to the probate process, including:
- Probate Administration
- Probate Litigation
- Estate Planning