If you were just named as an executor in Texas, you might be thinking, “Where do I even start?” The good news is you are not alone, and many people feel overwhelmed at first.

This is part one of our top ten questions about executor duties in Texas. Today, we will walk through the first five. Be sure to subscribe so you do not miss part two.

Question One: What are the primary responsibilities of an executor in Texas?

As executor, you are the person the court authorizes to manage and settle someone’s estate. Your job includes paying debts, protecting property, and distributing assets according to the Will.

You must follow Texas probate law carefully. The court holds executors legally accountable for handling everything properly, so accuracy and organization matter from day one.

Question Two: What steps must an executor take to notify beneficiaries?

After the court appoints you, Texas law requires you to notify the beneficiaries named in the Will. This is not optional. It is a legal obligation unless a specific exception applies.

Here is what you must do:

Send written notice to each beneficiary named in the Will.
Notice must be sent by certified mail within sixty days after the Will is admitted to probate.
You must then file proof with the court, usually a sworn affidavit, within ninety days of the Will being admitted.

There are limited exceptions. You do not need to send notice if a beneficiary receives two thousand dollars or less in total, or if the beneficiary has already received all their gifts within sixty days.

It is also wise to keep beneficiaries updated as the probate process moves forward. Clear communication often prevents misunderstandings later.

Question Three: What steps must an executor take to notify creditors?

Executors must notify creditors in specific ways, and these rules come directly from the Texas Estates Code.

You must publish a notice to creditors in a newspaper of general circulation in the county where the probate is pending. This must be done within one month after you qualify as executor. The notice tells creditors to present any claims and provides your contact information.

You must also send a certified or registered mail notice to all creditors who have secured claims, such as mortgages or car loans. Proof of mailing must be filed with the probate clerk.

For unsecured creditors, such as credit card companies, you are not required to give written notice. However, if you choose to send notice, it gives the creditor four months to file a claim. If they miss that deadline, their claim is barred.

Question Four: How does an executor locate and secure the deceased person’s assets?

This is one of the most important responsibilities you have. Executors must locate and protect all estate property, such as bank accounts, investments, vehicles, real estate, retirement accounts, and personal belongings.

If you already knew the decedent well, finding these assets may be straightforward. If not, you will need to review:

Personal records
Mail
Financial statements
Tax returns
Digital files

Once you know what assets exist, you must secure them. That may include notifying banks and financial institutions, changing locks on the home to prevent unauthorized access, and making sure vehicles are not driven until titles are properly transferred.

Question Five: What is the inventory, appraisement, and list of claims, and when must it be filed?

The inventory, appraisement, and list of claims is a sworn document that lists all probate assets and their fair market value as of the date of death. It also includes claims owed to the estate, such as refunds or last paychecks.

Titled assets must be listed separately, while personal property can generally be grouped as household goods and personal effects.

Although every executor must prepare the inventory, you are not always required to file it with the court. If the estate has no unsecured debts and you send a copy of the inventory to all beneficiaries, you may file an affidavit in lieu of inventory instead. This is often preferred because it keeps the estate’s asset list out of the public record.

The inventory or affidavit must be filed within ninety days of your appointment unless you request and receive an extension.

Stay Tuned for Part Two of What Executors Need to Know

These are the first five of the top ten questions every Texas executor should understand. In part two, we will go over the next five, including what happens with taxes and how to distribute assets correctly.

If you have been named executor or you are planning your estate and want to make the process easier for your loved ones, J Nichols Law, PLLC can help. Reach out for a consultation, and we will guide you through every step.

Five Things Every Executor in Texas Needs to Know