Executor

Serving as Executor of a Texas Estate When You Live in Another State

Published on: September 10, 2026 | By David W. Miller

Last updated September 10, 2026 · Reviewed by Ryan S. Cook

A will probated in Harris County sometimes names an executor who lives in another state, often an adult child who moved away years before the parent died. Texas does not bar nonresidents from serving. It does impose one condition that a nonresident executor must meet before the court will issue letters, and missing it leaves the named executor unqualified to act.

Under Texas Estates Code § 304.003(a)(3), a nonresident may serve as executor only after appointing a resident agent to accept service of process in all actions or proceedings concerning the estate and filing that appointment with the court. Living out of state is not itself a disqualification. McCulloch & Miller helps executors in Houston probate matters, including executors who live out of state, by handling the Texas filings while the executor works from home.

Medallion Signature Guarantees And Frozen Accounts—What Dallas Executors Must Prepare Before Liquidating Securities

Published on: January 24, 2026 | By Thomas W. McCulloch

Brokerages do not move money just because you show them a court order. If you are the executor for a Dallas estate, you will face account freezes, transfer holds, and requests for a Medallion Signature Guarantee before a single share transfers or a check cuts. When you plan the sequence—authority, verification, tax IDs, and medallions—you shorten delays and keep heirs calm.

Understand Why Accounts Freeze After Death

Financial institutions freeze accounts to prevent unauthorized transfers and protect the estate. The freeze stays in place until you present adequate proof of authority and complete the firm’s internal forms. Equity positions may still fluctuate with the market, but dividends reinvest or accrue inside the frozen account. Knowing this helps you set expectations with family members who assume you can sell on day one.

Executor Personal Liability Risks in Texas Probate Cases

Published on: January 6, 2026 | By David W. Miller

Serving as an executor can feel like an administrative job until something goes wrong. In Texas probate, an executor can face personal liability if they mishandle estate funds, fail to follow required procedures, or treat estate property as their own for temporary use. Most executors are family members doing their best. Even so, good intentions do not erase fiduciary duties, and conflicts often arise when beneficiaries believe decisions were rushed, undocumented, or self-serving.

Texas also makes it easy to underestimate risk because independent administration reduces court supervision. Less supervision can speed things up, yet it also means an executor has to self-police deadlines, accounting, and decision-making without a judge checking each step.

Texas Executor Fiduciary Duties

How to Demand an Accounting from an Executor in Texas

Published on: November 22, 2023 | By David W. Miller

If you are either a beneficiary or a possible beneficiary of a decedent’s estate, and if you have questions about that estate, it is only right that you are provided the answers you need. Sometimes, estate executors can be hesitant to provide information, and if you suspect negligence or wrongdoing, time is of the essence. Fortunately, in Texas, there is a way to demand an accounting (or a summary) of the estate happenings from the executor that is in charge of the estate.

Section 404.001 of the Texas Estates Code

In the Texas Estates Code, legislators provided a clear solution to the problem of not having enough information from an estate’s executor. According to this section of the Code, any interested parties in an estate have the right to demand an accounting from the executor. These interested parties could be beneficiaries, possible beneficiaries, debtors, or creditors.

This provision of the Code can be used as long as 15 months have passed since the estate executor was appointed. Once an individual asks for the accounting under this section of the Code, the executor has 60 days to comply and provide the individual with the relevant documentation.

What Are an Executor’s Duties?

Published on: January 31, 2023 | By David W. Miller

Many people familiar with Texas estate planning have heard of the “executor” of an estate. It is colloquially understood that an executor is a person assigned by a trustee to manage their final wishes and financial matters after the death of the trustee. Being chosen as the executor of an estate should be seen as an honor, as the selection demonstrates that the trustee has faith and confidence in the abilities and integrity of the chosen executor. Although the privilege of being selected as an executor is certainly a compliment, the responsibilities of executorship are often far more significant than a chosen executor may expect. A recently published article in a financial services trade journal discusses an executor’s duties.

The primary role of the executor is to ensure that the final wishes of the trustee are carried out in the best way possible. This includes both financial and other wishes, such as funeral arrangements, obituary, and the division of sentimental items. When a trustee has prepared a will, the executor is required to use that document as a guide to distributing the estate of the trustee. An executor’s duties may be extremely simple when the estate has little value or few beneficiaries.

High-value estates with more beneficiaries or complex financial assets (trusts, real estate holdings, stocks and options, businesses, annuities, etc.) may be more complicated for the executor. If the estate beneficiaries do not get along with one another or the executor and challenge the division in court, the work of the executor can include retaining counsel on behalf of the estate and working diligently to effect the trustee’s wishes to the best of their good-faith understanding of the will.

What Happens if the Executor of a Houston Will Dies

Published on: October 20, 2020 | By McCulloch & Miller, PLLC

Planning ahead and creating a will is important; however, unexpected events can often occur, causing people to reevaluate their will, as well as their Houston estate plan. One such instance is when a will’s executor passes away before the will’s creator, called a testator. This raises the question of who will execute the will. Unfortunately, this is somewhat common, and Houston residents often have questions about the next steps when this situation occurs.

What Happens If the Executor Passes Away?

The executor’s role includes distributing the will’s assets after the testator’s death. However, if the executor precedes the testator in death, there is no person to distribute the person’s assets. Therefore, the court will step in and determine who has the authority to act on the testator’s behalf.

What Is the Role of an Executor of a Texas Estate?

Published on: September 22, 2020 | By McCulloch & Miller, PLLC

When someone is crafting their will or creating a Houston estate plan, there are many critical decisions they must make. One of the most vital choices is who to serve as the estate’s executor. An executor of an estate is a person appointed to administer the estate of a deceased person, also called a testator. An executor has many tasks they must fulfill, both during the life of the testator, and after they have passed. Although there are many duties an executor must fulfill, it can often be a rewarding position.

What Are an Executor’s Duties?

An executor is responsible for ensuring the deceased’s assets are accounted for, as well as transferring the assets to the people listed in the will. Assets can include cash, stocks, bonds, real estate, or even personal collectibles. Before disbursing the inheritances to the estate’s heirs, the executor must also estimate the value of the estate and pay of all of the debts of the deceased, if they had any. An executor, before the death of the testator, should make sure the testator is keeping a list of assets and debts, properties, and any other relevant information. Overall, the primary duty of an executor is to carry out the wishes of the deceased based on the instructions in their will and estate plan.

What You Need to Know About Being an Executor

Published on: December 18, 2019 | By McCulloch & Miller, PLLC

Being named as an executor is a big responsibility. Before accepting this role, you should understand what the tasks are, and what you need to be careful about to protect yourself.

It’s flattering. Someone you know thinks highly enough of you to name you as their executor. That means they believe you’re ready and able to do things like settle debts, gather assets, manage estate tax and income tax returns, deal with your family members, distribute the assets and do everything that needs to be done before the estate can be settled.

However, Investopedia’s article from last summer, “5 Surprising Hazards of Being an Executor,” explains that the person named as an executor isn’t required to accept the appointment. Prior to agreeing to act as an executor, you should know some of the hazards that can result, as well as how you can address some of these potential issues, so that being an executor can run smoothly.

Can Beneficiaries Push Back on a Bad Temporary Administrator?

Published on: November 22, 2019 | By McCulloch & Miller, PLLC

If a temporary administrator has failed to perform their duties properly, the court has the power to remove this person.

Beneficiaries need to know that they have rights too. If a temporary administrator is not following the terms of the will, taking money that belongs to the estate or failing to perform their fiduciary duties, it’s time to go to court.

nj.com’s recent article, “What to do if an estate administrator isn’t doing his job,” explains that a temporary administrator is usually appointed by a probate judge, because the named executor has died, renounced his or her rights to serve, or is unable to serve.

How Hard is it to be an Estate Executor?

Published on: August 13, 2019 | By McCulloch & Miller, PLLC

Being named an executor for someone you care about is an honor. It means they trust you and your judgment explicitly. However, it is an honor that comes with responsibilities.

The role of an executor varies with the size and complexity of the estate. The executor is charged with making sure that all final arrangements are made, according to the decedent’s wishes. The executor is also involved with making sure that the distribution of property as directed in the will takes place, taxes are paid and more. It’s a big job. Before agreeing to take on this role, you’ll need to know what it entails, and be confident that you can do it. An article from Investopedia, “5 Things to Consider Before Becoming an Estate Executor” explains the details.

Complexity of the Estate. Typically, the larger the estate—which can be in terms of property, possessions, assets or the number of beneficiaries—the harder and more time consuming it will be. The best way to see how difficult the job will be, is to request to see a copy of the current will. If there are obvious red flags, like unequal distributions to children or trusts or annuities, it may be best to say no.

Understand Why Accounts Freeze After Death

​Texas Executor Fiduciary Duties

What Happens If the Executor Passes Away?

What Are an Executor’s Duties?

Texas Executor Fiduciary Duties