Choosing an executor in Texas.

What an executor actually does.

An executor (the person named in the will) takes the will to court, gets appointed, and then manages the estate until it is distributed. The job is more administrative than it sounds, and it can take a year or more.

1. Locate the will and file it for probate, generally within four years of death
2. Qualify with the court: take the oath, and post bond unless the will waives it
3. Take control of estate assets and keep estate funds separate from personal funds
4. File an inventory of the estate, generally within 90 days after qualifying
5. Notify creditors and heirs and deal with valid claims
6. File the decedent's final income tax return and any estate returns
7. Pay debts, taxes, and expenses, then distribute what remains

Who can serve.

Most adults can serve, including a beneficiary, a family member, or a friend. Texas disqualifies people who are incapacitated, convicted of a felony (unless pardoned), or non-residents who do not appoint a Texas resident agent for service, among other grounds. A bank or trust company can also serve.

How to choose.

• Organized and reliable: deadlines matter
• Fair and trusted: especially if there are several beneficiaries
• Willing: ask before you name them
• Nearby, or able to manage remotely
• Name a backup: if your first choice cannot serve, the court will otherwise pick someone

Naming one person is usually cleaner than naming co-executors, who may have to act together. For complex estates, family businesses, or family conflict, a professional fiduciary can be a good fit.

Pay, liability, and independent administration.

An executor is entitled to reasonable compensation, and Texas generally caps commission at 5 percent of cash received and paid out, and the executor can also be reimbursed for expenses. Executors can be personally liable for mistakes, such as paying beneficiaries before creditors or mishandling funds, so this is not a role to take lightly.

If the will provides for independent administration, the executor generally acts with limited court supervision, which saves time and cost. See our Texas probate step-by-step guide for more.