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.
Attorney Russell J.G. Amsberry
Attorney Russell J.G. Amsberry founded the Amsberry Law Firm in 1995 with the goal of providing clients with exceptional, focused representation on their issues. His success as a legal advocate has been reflected in the numerous professional honors he has received, such as speaking engagements and inclusion in Scene in SA magazine’s listing of the best lawyers in San Antonio, a Distinguished rating from Martindale-Hubble, and an amazing rating from Avvo. [ Attorney Bio ]
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