Duties of an Executor of a Texas Will (step-by-step)

Being appointed as the personal representative of an estate (executor or administrator) can be a daunting task that comes fraught with a complicated array of duties, including filing a petition for probate, which is the legal process in which a decedent’s estate is settled. People are counting on you, and you can count on us.

Our probate checklist is just a free tool we offer Texans to help clarify and simplify the probate process. Our goal is to save you time and money while reducing stress and uncertainty by being a trusted guide and taking a huge burden off your shoulders.

GOAL: Arrange for funeral

WHEN: Immediately after death

DURATION: 5 to 10 days

• Find estate planning documents, such as will or trust, if available.
• Search for instructions regarding burial and anatomical gifts, if any.
• Arrange for organ donation, if applicable.
• Make funeral arrangements.
• Obtain certified copies of death certificate (typically one for each real estate property and bank account).
• Coordinate care for dependents and pets.
• Notify Social Security Administration and pension administrators of death.
• Coordinate with family members to notify friends and family of the passing.

GOAL: Determine which type of estate administration is required. There are four different types of estate administration processes in the state of Texas.

WHEN: 0 to 30 days after the funeral

DURATION: 2-3 weeks

Formal Independent Estate Administration

In Texas, independent administration of an estate can occur under two circumstances;

The first is when a decedent specifies in their will that the estate should be administered without the court's oversight.

The second scenario arises when a decedent dies without a will, and all beneficiaries agree on the appointment of an Independent Administrator. Independent administration is often faster and more cost-effective, as the Independent Administrator can perform their duties without needing court approval for each step of the process, saving time and money.

Unanimous Consent of Heirs

To proceed with an independent administration, all heirs of the decedent's estate must agree on this approach; otherwise, the court will only permit a dependent administration. The heirs must also reach a consensus on the nomination of an Independent Administrator.

As long as the heirs agree and consent, the estate can be managed through an independent administration with an Administrator chosen by the collective heirs. If an heir is a minor or an incapacitated person, consent can only be obtained from the Guardian of the Estate for that individual.

By opting for independent administration in Texas, the estate can be managed more efficiently, reducing both the time and costs associated with court involvement. This streamlined process can be beneficial for all parties involved, ensuring a smoother transition and distribution of assets.

Formal Dependent Estate Administration (more court supervision)

Dependent estate administration in Texas involves court supervision, contrasting with independent estate administration, which operates with minimal court oversight. This type of administration is typically seen when there is a surviving spouse and minor children, or when there is no named executor and disputes among beneficiaries arise, or when the decedent died without a will (intestate).

In a dependent estate administration, the Administrator is required to post a bond and obtain Court approval for all actions taken as the estate Administrator. The bond functions like an insurance policy, necessitating the payment of a premium to an insurance company to safeguard against mismanagement or misappropriation of assets by the Administrator. This process ensures that the estate is managed responsibly and in accordance with the law.

Moreover, the Administrator must provide annual inventory accounting every year within 60 days from their qualification date. This requirement ensures that the estate's assets are regularly tracked and accounted for throughout the administration process. Additionally, the Administrator must file an application to close, discharge, and release the bond once the estate administration is completed. This step signifies the conclusion of the Administrator's responsibilities and the official closure of the estate.

Lastly, the Administrator is obligated to file a final accounting report. This document details the financial transactions and distributions made during the estate administration process, providing a transparent record of the Administrator's actions. The combination of these steps and court supervision aims to ensure a fair and orderly administration of the estate, protecting the interests of all parties involved.

Small Estate Affidavit

A Small Estate Affidavit is a useful legal tool in specific situations where a decedent passes away without a will (intestate) and their total estate value is worth $75,000 or less, excluding homestead property and exempt property.

In these cases, there's no need for a formal administration or the appointment of an administrator. This simplified process applies only when the assets in the estate are worth more than the debts, not considering any mortgages or debts secured by exempt property as debts and not counting homestead and exempt property as assets.

The Small Estate Affidavit is applicable when the only real property owned by the decedent was their homestead property.

Muniment of Title

When the decedent died with a will (testate), had no unpaid debts except ones secured by liens on real estate

• Hearing to probate will and transfer title without the need of formal administration

• No executor/administrator appointed.

GOAL: If proceeding with General Administration or Summary Administration, you will collect and manage the decedent’s assets

WHEN: Immediately after letters are issued

DURATION: 2 to 9 months

Once the estate's probate procedure is figured out, whether; Independent, dependent, small estate, muniment of title - the person representative of the estate will still have similar duties when it comes to estate settlement.

• File Notice of Fiduciary Relationship with the IRS (IRS Form 56).
• Safeguard real and personal property.
• Obtain appraisals of any real estate or other unique items.
• Obtain taxpayer identification number (TIN) from the IRS (Form-SS4).
• Open estate bank account using newly acquired TIN.
• Transfer all decedent’s bank accounts to the estate account (obtain copies of the bank statements covering the date of death to closure of account).
• After bank account statements have been obtained and the estate account has been established, close the decedent’s accounts.
• Deposit all the proceeds from safes and safety deposit boxes in the estate account.
• Transfer any brokerage accounts to the name of the estate and consider liquidating stocks and bonds.
• Collect any money owed to the deceased (including life insurance proceeds).
• Inform insurance companies of decedent’s death so policies can be endorsed to show you as the personal representative as the insured.
• Gather any tax documents and obtain copies of federal income and gift tax returns for prior years.
• Publish a General Notice to Creditors within one month of the issuance of letters testamentary or administration in a newspaper of general circulation in the county in which the letters were issued.
• Send Notice to Secured Creditors to all known or reasonably ascertainable creditors of the decedent’s estate.
• Send Notice to Comptroller of public accounts if decedent remitted taxes to the comptroller.
• Send Permissive Notice to Unsecured Creditors to all known or reasonably ascertainable creditors of the decedent’s estate.
• Send Notice to Beneficiaries unless waiver or other exceptions are in place.
• File a Sworn affidavit verifying that creditors and beneficiaries have been notified.

GOAL: Create an inventory of all the decedent’s assets and liabilities

WHEN: 10 to 45 days after the funeral

DURATION: 1-3 weeks

• Find and secure all assets: home, contents of the home, other real estate.
• Notify all service providers: utility companies, landlord, property maintenance, alarm company.
• Calculate a general approximation of the decedent’s asset valuation Manage “digital assets” (like online accounts, photos and documents stored on line, etc.).
• Find and review all asset-related documents: deeds, property insurance, mortgage, lease, business, investment, etc. Notify post office to forward decedent’s mail to personal representative.
• Review all documents relating to financial obligations: contracts, divorce or separation agreement, court orders.
• Secure personal property, business, vehicle, perishable goods, safety deposit box.
• Find out about ongoing expenses and debts.
• Stop all unnecessary expenses: subscriptions (magazine, newspaper), health care (home care), memberships (gym, club, sports, auto, professional, etc), entertainment (cable, satellite, websites), communication (telephone, cell phone, Internet).
• Notify all holders of assets: bank, broker, investment advisor, insurer.
• Send copies of the death certificate to the three major credit reporting agencies: Equifax, Experian, and TransUnion. Cancel credit and debit cards.

GOAL: Complete an Inventory of the estate

WHEN: Deadline for filing the inventory is 90 days from the date of appointment

DURATION: 2 to several weeks

The inventory must include:

• all estate real property located in this state; and
• all estate personal property regardless of where the property is located; and specify which portion of the property, if any, is separate property and which, if any, is community property.

The personal representative shall:

• set out in the inventory the representative’s appraisement of the fair market value on the date of the decedent’s death of each item in the inventory; or
• if the court has appointed one or more appraisers for the estate: determine the fair market value of each item in the inventory with the assistance of the appraiser or appraisers and set out that appraisement in the inventory.
• File the inventory with the court, when approved by the court.

Attach to the inventory, appraisement, and list of claims the representative’s affidavit, subscribed and sworn to before an officer in the county authorized by law to administer oaths, that the inventory, appraisement, and list of claims are a true and complete statement of the property and claims of the estate of which you have knowledge.

File the inventory with the Court.

Mail a copy of the inventory to the heirs, if applicable under law.

Or file an affidavit in lieu of inventory (not for Formal Dependant Estate Administration) If there are no unpaid debts, except for secured debts, taxes, and administration expenses, at the time the inventory is due, including any extensions. $1000 fine for failure to file.

Provide an affidavit stating that all debts, except for secured debts, taxes, and administration expenses, are paid and that all beneficiaries, if applicable, have received a verified, full, and detailed inventory and appraisement.

A complete list of claims due or owing to the estate must be attached to the inventory and appraisement. The list of claims must state:

• the name and, if known, address of each person indebted to the estate; and
• for each claim: the nature of the debt, whether by written obligation or by account or verbal contract; the date the debt was incurred; the date the debt was or is due; the amount, rate and period of interest of the claim; and whether the claim is separate property or community property.

GOAL: Ready the estate for distribution by settling the debts and addressing any lingering tax issues

WHEN: After period to file a claim against the estate has elapsed

DURATION: 2 to 6 weeks

• Review outstanding creditors claims filed, if any.
• If a creditor contacts the independent personal representative, they may settle the claim privately.
• An independent fiduciary may pay, at any time, a claim for money against the estate to the extent approved and classified by the personal representative if the claim is not barred by the statute of limitations and the personal representative believes the estate has enough assets to pay all claims.
• Unsecured creditors have until the 121st day after the date of the receipt of the notice to make a claim or it will be barred. In a dependent administration, creditors do not receive payment until they have formally presented an authenticated claim by depositing the claim directly with the personal representative or with the clerk of the court.
• Allow or reject the creditors claims. (Note: Under a dependent administration, executors have 30 days to respond to claims that have been presented.)
• Schedule payment of all valid debts according to priority outlined by the Texas Estates Code.
• Make an appointment with an accountant, or your ClearEstate professional.
• If an estate tax return must be filed, the federal return is due 9 months after death (unless an extension is filed within the 9 month period).

GOAL: Prepare the Petition for Final Distribution and begin closing the estate

WHEN: Within 18 months of initial appointment as personal representative

DURATION: 2-4 weeks

Sale of Property: Under the decedent’s will you may sell property without court approval on terms and at the price you consider fair and reasonable to the estate. There is no timeframe listed in the Texas code (law) but best practices would be to wait until creditor claims are barred in case you need to pay them.

Pay self: Executor compensation (5% of all amounts that the executor or administrator actually receives or pays out in cash in the administration of the estate), not to exceed the estate gross value.

New titles are issued for cars, boats and other titled property.

Distribute remaining assets to beneficiaries.

File any Distribution or Administrator deeds if applicable.

Most Independent Administrations are not formally closed and are not required however the executor may close the estate by:

• Filing a Closing Report or Notice of Closing Estate.
• Filing a declaratory judgment action to approve a final account and release the executor from liability.
• Petitioning the court to partition the estate.

In a Dependent Administration, executors are required to file a final accounting with the court to close the administration.

• File an annual accounting if it’s been a year since administration was opened and every 12 months until the estate is closed.
• File an application to Close, Discharge and Release Bond.

Navigating the Complexities of Executor Duties: ClearEstate's Expert Support

We understand that being an executor of a will is no easy task. Shouldering the responsibility, managing the probate process, and investing the time it takes to fulfill the role can make it easy to feel lost.

That's why ClearEstate is here to help. By booking a free consultation with us, you'll receive expert guidance, and the support you need to help you get through this challenging process.

Book a FREE consultation with us today and get the expert help you need with ClearEstate's team of specialized probate professionals.