June 09, 2025

The Role of an Executor in Texas Probate: Duties, Responsibilities, and Challenges

In Texas, the executor—sometimes called the “personal representative”—is the individual named in a will who accepts legal authority to shepherd the estate through probate. Once the probate court issues Letters Testamentary, the executor becomes responsible for protecting every asset, satisfying lawful debts, and delivering inheritances exactly as the will directs under the Texas Estates Code.

Choosing the right executor is therefore part of sound estate planning wills trusts strategy, and families in Hidalgo County often turn to a top rated McAllen probate attorney at Villeda Law Group for guidance within days of a loved one’s passing. Need clear direction right away? Call 956-631-9100 or message our probate team to schedule a confidential consultation before deadlines begin to run.

Core Duties: Marshaling and Managing Estate Assets

From the moment the Letters Testamentary are signed, an executor must locate and secure every bank account, deed, business interest, vehicle, and piece of personal property that belongs to the estate. The Texas Estates Code §351.051 authorizes an executor, with court approval, to “purchase, exchange, or renew obligations” if those moves preserve value. 

That power carries a strict fiduciary duty: all decisions must favor the beneficiaries, not the executor personally. Skipping this step may expose an executor to removal or surcharge by the court—another reason many families rely on skilled probate lawyers in Texas who understand probate court scrutiny.

Completing the Inventory and Appraisement

Within 90 days of qualification, Texas law requires an executor to file a sworn inventory, appraisement, and list of claims. This detailed report lists every asset, assigns fair-market value, and discloses debts owed to the estate. Beneficiaries may obtain a copy upon written request, and any interested party can demand an accounting after 15 months. Preparing that inventory often involves real-estate brokers, CPAs, and valuation experts, so working with a probate attorney in McAllen who already has a professional network can save both time and expense.

Notice to Creditors and Settling Valid Debts

An executor must promptly publish notice to unsecured creditors and mail statutory notice to known creditors—steps that start the countdown on claims deadlines. Failure to notify a secured creditor could jeopardize estate property. Once claims are filed, the executor must determine validity, classify each debt under Estates Code §§403.051-.059, and either pay, reject, or settle. Negotiating hospital bills, tax obligations, and credit-card balances is where a seasoned probate attorney can add real value by reducing payouts and preserving inheritances.

Fiduciary Accounting and Transparency Obligations

Even independent executors owe ongoing transparency. Beneficiaries may request—and courts may compel—formal accountings that detail every dollar received and disbursed, supported by receipts and bank statements. Recent court decisions have affirmed that executors who delay accountings risk removal for “incapacity” to perform fiduciary duties. Precise record-keeping is essential, and partnering with probate attorneys who understand these demands can help prevent costly litigation.

Distributing Assets and Closing the Estate

Only after debts, taxes, and expenses are satisfied may an executor distribute remaining assets according to the will. Final distributions require receipts from beneficiaries and a closing affidavit (or final account in dependent administrations). Mistakes—such as premature distributions—can expose executors to personal liability. 

Common Challenges and How an Attorney Can Help

While the role of an executor is clearly defined by law, it is not without its challenges. Having the support of an attorney when working with wills trusts and estates can help mitigate these risks.

• Family disputes. Heirs may contest valuations or allege undue influence. Early mediation guided by attorneys in McAllen, TX often resolves conflict before court hearings.
• Creditor overreach. Third-party collectors sometimes file inflated claims. A seasoned attorney can object, forcing creditors to prove the debt.
• Real-estate hurdles. Clouded titles or unrecorded deeds delay sales. Villeda Law Group routinely cures title defects so executors can list property without fear of future suits.
• Business interests. When the decedent owned a closely held company, the executor must preserve operations while valuing shares—tasks made easier by counsel who advise businesses daily.
• Tax compliance. Missing IRS or state filings triggers penalties. An attorney familiar with estate-tax thresholds and fiduciary returns shields executors from personal liability.

Don’t Let Probate Grind You Down – Call Your McAllen Attorney!

Serving as executor is an honor but also a legal minefield; entrust the journey to Villeda Law Group, where decades of fiduciary representation, CPA insight, and courtroom skill converge to protect beneficiaries and executors alike—contact us today to safeguard your loved one’s legacy.