What are the duties of an estate executor in Texas?
In this situation, the estate executor distributes assets, pays bills, and carries out their duties without court oversight. Administration of an estate can be difficult, especially if there are assets located outside Texas or the deceased had significant business holdings.
Is it difficult to administer an estate in Texas?
Administration of an estate can be difficult, especially if there are assets located outside Texas or the deceased had significant business holdings. If you are named as the executor of a complicated estate, an experienced Texas probate attorney can answer challenging questions and help you make the right decisions.
Who is not qualified to be an executor or administrator in Texas?
Texas law provides that a person is not qualified to serve as an executor or administrator if the person is: (5) a person whom the court finds unsuitable. The term “unsuitable” is not defined in the Texas Probate Code, leaving the implication that the trial court has discretion in making that determination.
When can the Court remove an independent executor in Texas?
Texas Estates Code Section 404.0035 provides that the court may remove an independent executor if the independent executor: (4) the independent executor becomes incapable of properly performing the independent executor’s fiduciary duties due to a material conflict of interest. The term “incapable” is not well discussed in the case law.
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Can an executor of an estate appoint an independent administration?
Heirs or beneficiaries of an estate can opt to have the court waive the dependent administration requirement and appoint an independent administration, which is less expensive and time-consuming. In this situation, the estate executor distributes assets, pays bills, and carries out their duties without court oversight.
What happens when someone dies without a will in Texas?
Pay any debts owed by the deceased at the time of their death. Distribute the remaining money and property according to the terms of the will or the Texas law of intestate succession (if there was no will). The first step is presenting the will to the probate court to ensure that all property is transferred as specified.
What can an executor of a will sue for?
(a) An executor or administrator appointed in this state may commence a suit for: (1) recovery of personal property, debts, or damages; or (2) title to or possession of land, any right attached to or arising from that land, or an injury or damage done to that land.
How long does it take to serve as an executor?
Service as an executor typically lasts around a year from start to finish, but the time varies depending on the size and complexity of the estate. While as an executor, you must act in good faith, that does not mean you have to act alone. In fact, it is best to hire an estate attorney to help you with all the legal issues that must be handled.