How can a Texas probate attorney help an estate executor?
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. At Romano & Sumner, we are committed to helping Texas estate executors administer estates effectively and efficiently.
What is an executor deed in the state of Texas?
Texas Executor Deed The Texas Statutes cover the rules for selling a decedent’s property from a probate estate in Chapter 356 of the Estates Code. When a will is admitted to probate, the court officer authorizes an executor to manage, and eventually close, the estate. Among other duties, this involves identifying the assets and liabilities,…
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.
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.
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.
What are the duties of an executor of a will?
After the judge issues an order authorizing the named executor to act, that executor has the authority to transfer assets, access financial accounts, communicate with third parties, and carry out their other responsibilities.
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.