Note The library cannot tell you what the law means for your situation.
An executor is the person designated in the will to carry out the deceased person's wishes. This is often a close family member or another trusted individual.
In estate administration, the court must first approve the executor. The executor will then collect and distribute the estate property. This is almost always done with an attorney's help.
If there is no executor, the court may approve a person called an "administrator" to carry out the same duties. This can happen if there is no will or if the executor cannot serve for any reason.
Executors and administrators have a lot tasks and responsibilities. The duties will vary based on the situation and may include:
The person who wants to serve as an executor (or an administrator) must apply with the court for letters testamentary (or letters of administration). Even if the will nominates an executor, they must still apply and go through the approval process. This is often done at the same time as the application to admit a will to probate.
If there is no will, an application for letters of administration is usually filed together with an application to determine heirship.
Section 304.001 of the Estates Code lists potential candidates in the order of priority. In most cases, it will be an executor listed in the will, a spouse, a beneficiary, or a family member. If nobody initiates administration, a creditor or another interested party may also qualify.
Executors and administrators must meet certain requirements. They are listed in Section 304.003.
The following people are typically disqualified:
If the will names an executor who has a felony conviction, the court may sometimes allow them to serve.
Yes. Texas allows an estate representative to receive a reasonable compensation for their work. The executor's fee is paid from the estate funds and counts as income for tax purposes.
Section 352.002 of the Estates Code caps the fee at 5% of the estate's market value, excluding cash, certain bank accounts, and life insurance. The court may increase or reduce the compensation based on specific circumstances.
Sometimes the executor's fee is specified in the will, in which case the payment may exceed the amount allowed by the statute.
After 15 months, any party involved in the probate proceedings can ask the executor for a detailed accounting report. Additional requests may be made every 12 months.
If an executor or administrator is unqualified or can't properly manage the estate, an interested person may:
Qualifying reasons for removing an independent executor include but are not limited to:
The court will typically appoint an administrator to take over the removed executor's duties.
An executor or administrator may also voluntarily resign. This can be done by filing an application with the court along with documentation that shows the status of the estate.
Note The library cannot tell you what the law means for your situation.