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What is the role of an executor in estate administration?

On Behalf of | Jan 31, 2025 | Probate

When someone passes away, their estate needs a responsible person to manage and distribute assets according to their will. The executor handles this process and ensures proper estate settlement under Texas law.

Responsibilities of an executor

An executor gathers and manages the deceased person’s assets. This includes locating bank accounts, real estate, investments, and personal property. If necessary, they secure and appraise these assets. Executors also handle debts and liabilities by notifying creditors, paying outstanding bills, and settling claims against the estate.

The probate process in Texas

In Texas, probate often validates a will and allows the executor to distribute assets. The executor files the will with the probate court and obtains official approval to act on behalf of the estate. Texas offers independent and dependent probate administration, with independent administration providing more flexibility and requiring fewer court approvals.

Distributing assets to beneficiaries

After paying debts and expenses, the executor distributes the remaining assets to beneficiaries according to the will. They follow legal requirements to ensure proper transfers of property, financial accounts, and other assets. If disputes arise among beneficiaries, the executor works to resolve these issues fairly.

Completing final tax and legal obligations

The executor files final income tax returns for the deceased and the estate, ensuring the completion of all tax obligations. They also handle estate tax filings if applicable. Once they settle all financial and legal matters, the executor closes the estate with court approval.

Ensuring a smooth estate settlement

Serving as an executor requires organization and legal awareness. Texas law guides executors in efficiently performing their duties. By understanding and fulfilling their role, executors help the estate through the probate process and finalize it.