Executor Duties in Texas: Complete Checklist

Being named as the executor of someone's will is an honor, but it is also a serious legal responsibility. As an independent executor in Texas, you have a fiduciary duty to manage the estate honestly, efficiently, and in the best interests of the beneficiaries. This guide covers everything you need to know.

What Is an Independent Executor?

In Texas, most well-drafted wills name an "independent executor." This means the executor can manage the estate with minimal court oversight after the initial probate hearing. Unlike a dependent administration, an independent executor does not need court approval for most actions — paying bills, selling property, or distributing assets.

This authority comes with responsibility. The executor has a fiduciary duty to act in good faith, avoid conflicts of interest, keep accurate records, and treat all beneficiaries fairly. Texas courts take breaches of fiduciary duty seriously.

First Steps After Being Named Executor

When someone passes away and you discover you have been named executor, here is what to do:

1. Locate the original will and death certificate
2. Secure the deceased's property and important documents
3. Contact a probate attorney to begin the probate process
4. Do not distribute any assets or pay any debts until you have legal authority

The Complete Executor Checklist

Within the First 30 Days

• File the Application to Probate Will with the Bexar County Probate Court
• Attend the court hearing and receive Letters Testamentary
• Obtain certified copies of Letters Testamentary (5–10 copies recommended)
• Open an estate bank account
• Publish notice to creditors in a local newspaper
• Notify known creditors individually by mail
• Secure and inventory all estate assets

Within 90 Days

• File the Inventory, Appraisement, and List of Claims with the court
• Obtain appraisals for real property and valuable personal property
• File any required tax returns (income and estate)

Ongoing Duties

• Pay valid debts and ongoing expenses (mortgage, insurance, property taxes)
• Manage and protect estate assets
• Keep detailed records of all transactions
• Communicate regularly with beneficiaries
• Distribute assets according to the will after all debts are paid

Critical Deadlines

Missing these deadlines can result in penalties, personal liability, or complications:

• 30 days: Publish notice to creditors
• 90 days: File inventory with the court
• 9 months: Federal estate tax return (if required, for estates over $13.61 million in 2026)
• 4 years: Deadline to file a will for probate in Texas

Executor Compensation

Texas law allows executors to receive "reasonable compensation" for their services, typically 5% of the amounts the executor actually receives and pays out on behalf of the estate. However, many family members serving as executors waive compensation. Always check the will for specific compensation language.

Executor Liability

Executors can be held personally liable for losses caused by negligence, mismanagement, or breach of fiduciary duty. Common examples include failing to pay taxes on time, distributing assets before paying valid debts, mismanaging investments, and self-dealing.

The best protection is keeping meticulous records, communicating with beneficiaries, and consulting with professionals when unsure.

Get Executor Guidance

You do not have to do this alone. Schedule a free consultation and we will walk you through every step. Our independent administration service includes complete executor guidance throughout the process.