Duties of an Executor in Probate (and How a Probate Lawyer Can Help)
Serving as the executor of an estate is both an honor and a serious responsibility. In Texas, the executor plays a central role in guiding an estate through the probate process. From filing legal documents to managing assets and distributing property, the executor acts as a fiduciary—someone legally obligated to act in the best interests of the estate and its beneficiaries. While the job can be rewarding, it can also be daunting, especially for those unfamiliar with probate law. Working with an experienced probate lawyer can ease the burden and ensure the process is handled correctly.
Duties of the Executor – How Probate Works
The probate process begins when a person passes away and their will is submitted to the court. The court then appoints the executor named in the will to administer the estate. One of the first duties of the executor is to file an application to probate the will in the appropriate county, such as Harris County for Houston estates. The executor must also notify the heirs and beneficiaries named in the will and, in some cases, publish a notice to creditors in a local newspaper.
Once appointed, the executor must take an inventory of the estate’s assets. This includes everything the deceased person owned at the time of death—real estate, bank accounts, personal property, investments, and other valuables. It is the executor’s duty to safeguard these assets and ensure they are properly valued. Sometimes this involves hiring appraisers, securing property, or even managing rental properties or businesses until the estate is settled. Any negligence in this role can lead to personal liability for the executor.
Another critical duty is to handle the payment of the estate’s debts and taxes. The executor must identify valid creditor claims and use estate funds to pay off outstanding debts, including final medical bills, funeral expenses, and credit card balances. The executor is also responsible for ensuring that any required state or federal taxes are filed and paid. In Texas, while there is no state estate tax, the estate may still owe federal estate taxes or income taxes for the decedent. Failure to pay taxes properly can delay probate and create legal complications. Filing annual returns and a final tax return is another duty that falls to the executor, although they can hire tax preparers using estate funds to cover the cost.
During probate, the executor must also manage communication with beneficiaries. Keeping beneficiaries informed about the progress of probate, answering their questions, and resolving potential disputes are essential parts of the job. Family dynamics can sometimes make this challenging, especially if emotions are running high or disagreements arise over the distribution of assets. An executor who fails to communicate effectively or transparently may face allegations of misconduct or favoritism.
Finally, the executor must distribute the remaining assets to the rightful heirs according to the terms of the will. Before doing so, the executor must obtain court approval and ensure all debts and expenses have been paid. This step often requires filing a final accounting with the court that details all income, expenses, and distributions related to the estate. Only after the court is satisfied with the executor’s performance can the estate be officially closed.
How a Probate Lawyer Can Help
Given the multitude and complexity of these duties, many executors find it beneficial to work with a probate lawyer. A probate attorney provides legal guidance from start to finish, helping the executor understand their obligations and avoid costly mistakes. For instance, an attorney can assist with filing court documents, preparing the inventory of assets, handling creditor claims, and resolving disputes among beneficiaries. Legal counsel is particularly valuable in cases involving high-value assets, business interests, out-of-state property, or contested wills.
In addition to providing legal support, a probate lawyer can save time and reduce stress for the executor. Many executors are family members or friends of the deceased and may still be grieving when appointed. Taking on the legal and financial responsibilities of probate can be overwhelming. With a probate attorney’s help, the executor can feel more confident in their role and focus on honoring the decedent’s wishes.
Moreover, legal assistance can help ensure the estate is settled efficiently. Delays in probate often occur due to incomplete paperwork, missed deadlines, or disagreements among heirs. A probate lawyer knows how to anticipate and address these issues before they become significant problems. In some cases, involving an attorney early in the process can even help avoid litigation, saving the estate time and money.
Independent Administration – Smoother Process but Greater Responsibility
In Texas, the probate system offers options that can simplify the process, such as independent administration. This process allows executors to perform most tasks without court approval, provided the will or the court permits it. While independent administration can reduce legal oversight and costs, it also increases the executor’s responsibility. Having a knowledgeable probate attorney to guide the executor through independent administration is essential to prevent missteps that could jeopardize the estate or expose the executor to liability.
Contact Leigh B. Meineke Law Firm for Help With Probate in Houston and Harris County
At the Leigh B. Meineke Law Firm, we understand the challenges that come with serving as an estate executor. Our firm is committed to helping individuals in Houston and Harris County navigate the probate process with clarity and confidence. Whether you’re just beginning your role as executor or facing a specific issue in estate administration, we offer the experienced legal support you need. Contact us today to learn how we can assist you in fulfilling your duties and protecting your loved one’s legacy.
