What is an executor of an estate in Texas?
Wills often nominate an executor to administer the deceased’s estate after he dies. Once officially appointed by a Texas court, the executor must gather the assets of the deceased, notify his creditors and pay his debts and taxes.
What does the executor of a will do after the death?
After all this is done, the executor distributes the deceased’s remaining assets to those entitled to receive them under the terms of the will. Although the will usually nominates the executor, it is a Texas court that actually appoints him, and the executor has no authority to act on behalf of the estate until the appointment is complete.
Can the Court remove an independent executor of an estate?
If all the heirs do not agree, the court will appoint a dependent administrator. An independent executor can be removed after they are appointed. Texas Estates Code Section 404.0035 provides that the court may remove an independent executor if the independent executor:
How does an executor of an estate get letters testamentary?
To qualify, the executor must take an oath and provide a bond, if required, within 20 days of appointment by the probate court. Once the executor qualifies, the court grants “letters testamentary,” which serve as evidence of the executor’s appointment and authority when the executor deals with others about the estate’s affairs.
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.
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.