What Are the Executor’s Responsibilities in Texas Probate Proceedings?

Being appointed as an executor is a significant responsibility involving multiple duties. These include distributing assets, paying debts and notifying interested parties. An experienced probate lawyer can provide guidance, ensuring that no steps are inadvertently missed. Below, we outline the main responsibilities of an executor obtaining probate in Austin, TX.

What are the Executor’s Responsibilities for Probate Proceedings in Austin, TX?

Fiduciary Responsibility

Although the executor has specific duties, which we’ll cover in more detail below, they also have an overarching fiduciary responsibility. This describes the main principles of dealing with the estate and can be divided into three distinct areas:

• Loyalty
• Prudence
• Preservation of estate assets

The executor must exercise due care and diligence when administering the estate, as if managing their own affairs. They must always act in the best interests of the beneficiaries, heirs, and the estate. The executor must not take excessive payment or use the estate for their personal gain. They are also obligated to preserve estate assets, such as by obtaining insurance, where appropriate.

Specific Responsibilities for Probate Proceedings

Filing an Application

The will must be filed with the probate court, at which point it becomes a public document. At the same time, a written application for the will to be admitted to probate must be submitted together with a request for the executor to be formally appointed. The clerk will post a courthouse notice of the will providing interested parties with the opportunity to come forward. A waiting period of at least 10 days must elapse before the next step can be taken.

Create an Inventory

In most cases, the executor must compile an inventory detailing the estate assets and a realistic valuation of each. Creating an inventory is more complex than it may initially seem as not all assets form part of the probate valuation. The executor must therefore determine the ownership of each asset before confirming whether it should be included in the probate valuation. 

Attending the Hearing

Every application for probate requires a hearing. The probate judge will conduct a series of formalities, including recognizing the death, verifying the executor, and formally admitting the will to probate.

Under Texas law, an executor can be disqualified for several reasons. These include being a non-resident of Texas, a convicted felon, or incapacitated. The court may also determine that a person is generally unsuitable to serve as an executor. The probate judge will only appoint an executor who meets these requirements.

Appoint a Probate Lawyer

In many cases appointing a probate attorney is mandatory as it’s not lawful to represent the interests of others in a Texas court if you are not legally qualified. However, even if you’re not legally obliged to use an attorney, you might find it beneficial to do so. An attorney can help you to obtain probate as well as providing legal opinion and advice on the rest of your executor responsibilities. This can be particularly useful if there are any disputes.

We provide a compassionate and professional service for anyone going through the probate process. Contact us at Artie Pennington Law Offices in Austin, TX and Kyle, TX to find out how we can help.

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