Houston Estate Planning and Elder Law Attorney Blog
The executor of your will is the person who carries out your final wishes — collecting your assets, paying your debts, filing tax returns, and distributing what remains to your beneficiaries. In Texas, the executor (called the “independent executor” when granted that authority) has broad legal power to manage your estate with minimal court oversight. Choosing the wrong person for this role can lead to delays, family conflict, financial mismanagement, and unnecessary costs that diminish what your beneficiaries receive.
McCulloch & Miller, PLLC helps families in Dallas, Houston, and across Texas make informed decisions about executor selection as part of a comprehensive estate plan. The firm’s attorneys have guided thousands of families through the planning process over more than 35 years, and they regularly see the difference a well-chosen executor makes when it is time to administer the estate.
What Does an Executor Do in Texas?
An executor’s responsibilities begin as soon as the probate court issues Letters Testamentary and continue until the estate is fully administered and closed. Under the Texas Estates Code, an independent executor’s duties include locating and securing the decedent’s assets, filing an inventory and appraisement within 90 days, publishing notice to creditors, evaluating and paying valid debts, filing any required federal and state tax returns, and distributing the remaining assets to beneficiaries according to the terms of the will.
In an independent administration — which is the standard in Texas when the will authorizes it — the executor handles most of these tasks without seeking court approval for individual actions. This streamlined authority makes the process faster and less expensive, but it also means the executor operates with less oversight. The executor’s fiduciary duty to act in the best interest of the beneficiaries is the primary safeguard against mismanagement.
McCulloch & Miller, PLLC works with families in Dallas and throughout Texas to ensure the executor understands these responsibilities before they are named in the will — and provides hands-on guidance to executors when the time comes to administer the estate. The firm’s probate practice includes flat fee options that give executors cost certainty from the start.
What Qualities Should You Look for in an Executor?
The right executor is someone who is organized, financially responsible, trustworthy, and available to commit the time the role requires. Legal expertise is not necessary — the executor will typically work with a probate attorney to handle court filings and legal requirements. But the executor does need the temperament and practical ability to manage a complex financial and administrative process during a period that is often emotionally difficult for the family.
Key qualities to prioritize when choosing an executor include:
Financial competence. The executor manages the estate’s money — bank accounts, investments, real property, debts, and tax obligations. Someone who manages their own finances responsibly and understands basic financial concepts is better equipped for this role than someone who does not.
Availability. Estate administration takes time. Depending on the estate’s complexity, the executor may spend months or longer gathering assets, communicating with creditors and beneficiaries, and coordinating with attorneys and accountants. A person with a demanding full-time career, health limitations, or significant travel obligations may struggle to give the estate the attention it requires.
Impartiality. If the estate involves multiple beneficiaries — especially in situations with blended families, unequal distributions, or assets that carry emotional significance — the executor must be able to follow the will’s instructions without favoritism or personal bias. An executor who is also a beneficiary is not disqualified, but the dual role can create tension.
Geographic proximity. While not a legal requirement, having an executor who lives in Texas — or at least in the same region — simplifies the process. The executor may need to access the decedent’s home, attend court hearings, visit financial institutions, and manage real property. An executor in another state can serve but may face logistical challenges. For families in Dallas or the DFW metro area, naming a local executor can help keep the administration on track.
Who Can Serve as an Executor in Texas?
Texas law sets relatively few restrictions on who can serve as an executor. Under the Texas Estates Code, an executor must be a legal adult (18 or older), must not have been convicted of a felony, and must be capable of managing the estate’s affairs. Texas does not require the executor to be a Texas resident, although some practical advantages come with naming someone who lives in the state.
Common choices include a spouse, an adult child, a sibling, a trusted friend, or a professional fiduciary such as a bank trust department or a licensed fiduciary. Each option has advantages and trade-offs. A family member may know the decedent’s wishes intimately but may lack financial experience. A professional fiduciary brings expertise and impartiality but charges fees that reduce the estate’s value.
Should You Name an Alternate Executor?
Yes. Every will should name at least one alternate (successor) executor. The person you name as your primary executor may be unable or unwilling to serve when the time comes — they may have predeceased you, developed health problems, moved out of state, or simply declined the role. If the will does not name an alternate and the primary executor cannot serve, the court must appoint someone — and the court’s choice may not be the person you would have selected.
Naming an alternate is a simple addition to the will that provides an important safety net. Some estate planning attorneys recommend naming two alternates to provide even more flexibility.
Can You Name Co-Executors?
Texas law allows you to name two or more co-executors to serve together. This can work well when each co-executor brings a complementary skill set — for example, one adult child who is financially savvy and another who is geographically closer to the decedent’s property. However, co-executor arrangements also carry risks. If the co-executors disagree on a decision, the administration can stall. The will should specify whether co-executors must act unanimously or whether a majority can act, and it should address what happens if one co-executor is unable to serve.
Frequently Asked Questions
Can the executor also be a beneficiary of the will?
Yes. In Texas, there is no prohibition against naming a beneficiary as the executor. In fact, it is extremely common — most people name a spouse or adult child who is also a primary beneficiary. The executor still has a fiduciary duty to all beneficiaries, not just themselves, and must follow the will’s instructions when making distributions.
Can I change my executor after the will is signed?
Yes. You can change your executor at any time by executing a new will or a codicil (amendment) to your existing will. It is a good practice to review your executor selection periodically — particularly after major life events such as a divorce, the death of the named executor, a falling out with the chosen person, or a significant change in the executor’s health or circumstances.
Does the executor get paid in Texas?
Texas law entitles an executor to reasonable compensation for their services, typically calculated as a percentage of the estate’s value (commonly 5% of amounts received and distributed). The will can modify this — setting a specific fee, increasing or decreasing the default amount, or providing that the executor serves without compensation. Many family-member executors choose not to take a fee, but professional fiduciaries and non-family executors typically do.
Talk to a Dallas or Houston Estate Planning Attorney
Choosing the right executor is one of the most consequential decisions in your estate plan. The attorneys at McCulloch & Miller, PLLC help families in Dallas, Houston, and throughout Texas evaluate their options, name the right person (or entity) for the role, and draft will language that gives the executor the authority and guidance needed to administer the estate efficiently. Partner David Miller brings a background in corporate trust and investment banking that informs the firm’s practical approach to executor selection. Flat fees are available for many estate planning matters.
Call (713) 333-8900 or schedule a consultation online to discuss your estate plan.