What an executor does in Texas, step by step

An executor is the person a will names to handle the estate. In Texas, the executor asks the probate court to accept the will, gets letters testamentary, gathers the property, pays debts and taxes, and passes on what's left. File the original will within four years of the death; most families do this with a lawyer.

What is probate, and where does the executor fit?

Probate is the court process where a judge decides whether a will is valid. When there's a will, the personal representative is called the executor. The court clerk gives the executor letters testamentary, the document that proves their authority. Most banks ask to see letters before they move money out of an account. Sources: TexasLawHelp, probate court basics, Texas State Law Library, formal administration.

Start with the original will

When someone who holds a will learns of the death, Texas law says they must deliver it to the clerk of the court that handles the estate. If the original can't be found, a copy is much harder: the court needs proof of why it can't be produced and a credible witness to its contents. Sources: Tex. Estates Code ch. 252, Tex. Estates Code ch. 256.

How long do you have?

Generally, a will can't be admitted to probate after the fourth anniversary of the death, unless the person applying shows they weren't in default. Source: Tex. Estates Code ch. 256.

Independent administration: less court, less cost

Independent administration means limited court supervision. It's usually faster and less expensive. Courts can order it when the will asks for it or when all the heirs or beneficiaries agree. If they don't agree, or a beneficiary is a minor, the judge requires a dependent administration and supervises each step. Sources: Texas State Law Library, formal administration, TexasLawHelp, probate court basics.

Muniment of title: the simpler path

A court can probate a will as a muniment of title when the estate owes no unpaid debts except debts secured by a lien on real estate, or when it finds no other need for an administration. It's often used when the main job is transferring a house. No executor is appointed to run the estate. Sources: Tex. Estates Code ch. 257, TexasLawHelp, probate court basics.

What does the executor do after that?

Notify creditors. Within one month of getting letters, publish a notice in a newspaper in the county where the letters were issued.
File an inventory. List the property and claims before the 91st day after qualifying, unless the court gives more time.
Collect, pay, distribute. Gather the property, pay debts and taxes, and pass on what's left.

Sources: Tex. Estates Code ch. 308, Tex. Estates Code ch. 309, Texas State Law Library, formal administration.

What if there's no will?

Texas law decides who inherits (see what happens if you die without a will in Texas). The court can name an administrator, who gets letters of administration. When the assets, not counting the home, are less than $75,000 and the debts don't exceed the assets, a small estate affidavit may work instead. Source: TexasLawHelp, probate court basics.

Do you need a lawyer?

TexasLawHelp says almost all probate cases require a lawyer. In most Texas counties you don't need one for a small estate affidavit. Source: TexasLawHelp, probate court basics.

What to gather

[ ] The original will and any codicils.
[ ] Several certified copies of the death certificate.
[ ] Deeds, vehicle titles and account statements.
[ ] A list of debts: mortgage, cards, loans, medical bills.
[ ] Names and addresses of the heirs and beneficiaries.
[ ] The person's last tax returns. See the final tax return.

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Frequently asked questions

How long does an executor have to probate a will in Texas?

Generally four years from the date of death, unless the applicant shows they were not in default.

What are letters testamentary?

The document the court clerk gives the executor to prove their authority. Banks usually ask for them.

What is a muniment of title?

A simpler way to probate a will when the estate owes no unpaid debts other than debts secured by real estate, often used to transfer a house.

Is this legal advice?

No. It is general information from Texas law and court resources. Almost all probate cases need a Texas attorney.

Sources

General information, not legal or financial advice. Rules change; check the official sources above or talk to a licensed professional about your situation.