What Are an Executor's Duties During Texas Probate?

 Posted on June 04, 2026 in Estate Planning

Many estates in Texas will go through probate after the estate holder passes away. This process is supervised by the executor, named in the will of the deceased. An executor's job during Texas probate proceedings is to settle the estate. This primarily means gathering the deceased person's assets, paying their debts and taxes, and distributing what's left to the rightful heirs and beneficiaries.

If you've been named the executor of an estate in 2026, a Flower Mound, TX probate attorney can help you carry out your duties correctly.

What Is an Executor Responsible for in Texas?

An executor is responsible for managing the entire estate from the moment probate opens until the estate is closed. Common law, as recognized by Texas Estates Code § 351.001, dictates that the executor holds the same rights and powers over estate property that the deceased person had.

The main duties of an executor usually include:

• Filing the will with the proper county probate court and opening the case

• Locating, securing, and valuing the estate's assets

• Notifying beneficiaries and known creditors

• Paying valid debts, final expenses, and any taxes the estate owes

• Distributing the remaining property according to the will

• Keeping accurate records of everything the estate takes in and pays out

The executor has what's called a "fiduciary duty." They are responsible for putting the estate's interests ahead of personal interests and acting honestly and carefully throughout the process.

How Does a Texas Estate Executor Handle Notices and Inventory?

One of the executor's earliest jobs is letting the right people know about the estate and creating a detailed list of what it contains. These steps protect both the beneficiaries and the estate itself.

Texas law requires the executor to give notice to beneficiaries named in the will. This must generally happen within 60 days of the will being admitted to probate (Texas Estates Code § 308.002). The executor must also notify creditors so they have a chance to make claims against the estate.

Within 90 days of being appointed, the executor usually has to file an inventory, appraisement, and list of claims with the court. This document lists the estate's property and its value as of the date of death. In many independent administrations, the executor can file an affidavit instead of filing the full inventory publicly. This helps protect the family’s financial privacy.

Can an Executor Be Held Liable for Mishandling an Estate in Texas?

An executor can be held personally liable if they mishandle the estate or breach their fiduciary duty. The role of executor comes with some inherent risk because of this. Even honest mistakes can create serious problems.

An executor may face personal liability for things like paying out assets before settling valid debts, favoring one beneficiary over others without cause, mixing estate funds with personal money, or failing to keep proper records.

Because many executors are not well-versed in estate law, many work with an attorney to make sure each step is handled correctly. The estate generally pays reasonable costs of administration, including legal help. This keeps the executor from having to pay legal fees out of their own pocket.

What Are My First Steps if I'm Named an Executor in Texas?

If you've just learned you're the executor, you should first locate the original will and secure the estate's assets so nothing is lost or damaged. From there, a few early steps can help the process go more smoothly and protect you from liability later:

• Get certified copies of the deceased’s death certificate.

• Find and safeguard the original signed will.

• Make a preliminary list of assets, debts, and account information.

• Avoid distributing anything to beneficiaries until debts and taxes are addressed.

• Talk to a probate attorney before filing to avoid missing deadlines.

Being placed in the role of executor can feel overwhelming. Remember that you only need to do one thing at a time, and professional help is always available when you need it.

Call Our Denton County, TX Estate Law Attorney Today

If you are in need of estate administration guidance, our Flower Mound, TX probate lawyer is ready to help. Attorney Colbert is versed in estate law. He also has the unique experience of having served as an administrative law judge and as a tribal judge for the Chickasaw Indian Nation. Colbert Law Group PLLC will work directly with executors to make sure the estate is settled properly and on time. Call us at 972-724-3338 today.