After the death of a loved one, many families are left asking, “Who is legally in charge now?” In Texas, that responsibility typically falls to the executor, the individual appointed to carry out the instructions in a will and oversee the estate’s administration. If there is no will, the court appoints a representative known as an administrator, but the role carries many of the same duties.
Who Is the Person in Charge of an Estate?
Whether you’ve been named in a will or are navigating next steps after a family member’s passing, understanding the executor’s legal responsibilities can help you prepare for what lies ahead.
What Does an Executor Do in Texas?
The executor is the court-recognized legal representative of the deceased’s estate. Once appointed, they have a fiduciary duty to manage all aspects of the probate process in accordance with Texas law. Their responsibilities can include:
- Filing the will with the local probate court
- Petitioning for probate and appointment as executor
- Inventorying and safeguarding estate assets, including bank accounts, property, vehicles, and personal belongings
- Paying outstanding debts and taxes using estate funds
- Notifying creditors and beneficiaries
- Distributing assets according to the terms of the will (or state law, if there is no will)
- Submitting final paperwork to the court to officially close the estate
Many executors are family members, often spouses, adult children, or siblings, who may not have experience navigating the legal system. That’s where having a knowledgeable probate attorney can make all the difference.
How Is the Executor Appointed?
Most of the time, the executor is named directly in the will. This person is often referred to as an independent executor in Texas, meaning they can administer the estate with minimal court supervision. If the named person is unavailable or unwilling to serve, or if no will exists, the court will appoint someone else, typically a close relative, to act as administrator.
In either case, the court issues legal documents called Letters Testamentary (for executors named in a will) or Letters of Administration (when there’s no will). These documents allow the representative to have legal authority to act on behalf of the estate.
What Happens If the Executor Makes a Mistake?
Being in charge of an estate comes with serious legal obligations. Executors can be held personally liable for failing to follow the law, mismanaging funds, or distributing assets incorrectly. That’s why it’s so important to:
- Keep detailed records of all financial transactions
- File the correct documents with the court on time
- Follow the terms of the will (or intestacy law) exactly as written
- Work with professionals, like attorneys, CPAs, and appraisers, when needed
Even well-meaning executors can run into issues. Delays, disagreements among heirs, and asset disputes can complicate matters quickly.
Do Executors Need a Probate Lawyer?
While Texas law does not require every executor to hire a lawyer, many probate courts recommend or even require legal representation, especially for non-local executors or complex estates.
At Forbes & Forbes, we help El Paso families carry out their loved one’s wishes while avoiding costly errors. We walk you through each step, from filing the will to distributing assets, and handle the legal legwork so you can focus on your family.
FAQs About Executors and Estate Administration
Can anyone be named as an executor in Texas?
Yes, but the person must be legally competent, at least 18 years old, and not convicted of a felony. Texas courts may reject executors who are not U.S. residents or who have a conflict of interest with the estate.
Does the executor get paid?
Yes. Executors are typically entitled to reasonable compensation from the estate, often around 5% of the estate’s value, but this can vary depending on the will or court approval.
What if no one wants to serve as executor?
If no one is willing or able to serve, the court will appoint an administrator to handle the estate. This person has similar duties and legal responsibilities.
Get Legal Support You Can Trust
If you’ve been named executor in a Texas will or need help understanding your role, we’re here for you. At Forbes & Forbes Law, our probate attorneys provide step-by-step support to help you manage your responsibilities, avoid mistakes, and complete the process efficiently.
Call (915) 533-5441 or contact us online to schedule a consultation and get started with experienced probate guidance in El Paso.
*This article updated with new information January 2026
