Texas Estate Planning: Your Role as an Executor to an Estate

If you have been named the executor of an estate for a loved one, it can be overwhelming, especially if it is not something you’ve done in the past. In the state of Texas, those who are named as executor of an estate will have to go through a number of steps, and will have a lot of responsibilities that they are legally obligated to fulfill. Taking some time to learn about your role, and what to expect, can help ensure you are prepared for everything you will need to do.

Official Appointment

In most cases, people are named as an executor of estate in someone’s will or other legal documents. In order to actually be legally appointed, however, Texas courts need to complete the process. In the vast majority of cases, the Texas courts will appoint the person named in the will, but in extreme cases that does not have to occur.

Responsibilities of the Executor

When appointed as the executor of an estate, you will be responsible for completing a variety of tasks. In this role, you are legally required to complete these tasks properly and follow the decedent’s instructions listed legal documents such as wills or trusts. This is why most executors get help from an attorney with experience in this area rather than trying to complete it on their own. The following are the key tasks that an executor must perform:

  • Notify Creditors – You must notify all creditors that the individual has passed away so you can get a final bill to be paid by the estate.
  • Manage Property – In many cases, there will be a period of weeks or even months from the time you are named executor until everything has been completed. You will be responsible for managing any property to keep it in good condition. This includes things like paying bills, keeping the property kept up, securing the property, and more. Any expenses directly associated with this can be paid for by the estate.
  • Distribute Assets – Any assets that remain after debts are paid can be distributed according to the wishes of the deceased. This would include personal effects, bank accounts, properties, and more.
  • Close the Estate – Closing out the estate includes paying off any debts that are owed, including all taxes.

Get the Help You Need

Acting as an executor of an estate can be a challenge for many people, especially since it needs to be done during the time immediately following the death of a loved one. Having an experienced attorney working with you can help you to avoid problems, and ensure the entire process goes smoothly. Contact us at Amsberry Law to discuss your options and see how we can be of assistance.

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Written by Amsberry Law Firm

Amsberry Law Firm

Mr. Amsberry is board-certified in labor and employment law by the Texas Board of Legal Specialization. He is a proven litigator who has argued before the United States 5th Circuit Court of Appeals and earned favorable outcomes in complex, precedent-setting employment and civil rights cases. He served as a reservist assistant judge advocate general in the U.S. Army and is a sought-after lecturer and speaker on a range of legal issues.

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