Executor Duties in Texas: A Complete Guide

Texas is widely considered one of the friendliest states in the country to serve as an executor — largely because of "independent administration," which lets most executors handle an estate with minimal court involvement. Here's what the job actually requires, step by step.

How to Get Appointed as Executor in Texas

1. File an Application to Probate Will with the county probate or county court in the county where the deceased resided.
2. Attend the probate hearing: Texas courts typically schedule this hearing about 2 weeks after filing — one of the fastest timelines in the country.
3. Take the Oath of Executor and receive Letters Testamentary from the court clerk, which give you legal authority to act for the estate.

If there's no will, the court appoints an administrator and issues Letters of Administration through a similar process.

Independent vs. Dependent Administration in Texas

This is the single biggest factor in how much work — and cost — administering a Texas estate involves.

• Independent administration (the default when a will authorizes it, per Texas Estates Code Chapter 401): The executor can pay debts, sell property, and distribute assets without seeking court approval for each transaction. This is faster and dramatically cheaper.
• Dependent administration: Required when a will doesn't authorize independent administration and heirs can't agree to it. Every significant action — selling an asset, paying a claim — requires a separate court order.

Most Texas wills explicitly grant independent administration, and even when they don't, all beneficiaries can agree in writing to request it from the court.

Executor Compensation in Texas

Texas law (Estates Code § 352.002) sets executor compensation at 5% of amounts the executor actually receives or pays out while administering the estate — with two exceptions: cash already on hand or in a bank account at the time of death, and amounts distributed directly to beneficiaries without passing through the executor's management, are not commissionable. The court can adjust this rate up or down if 5% would be unreasonably low or high given the actual work involved.

Does Texas Require a Bond?

Only if the will doesn't waive it. Most professionally drafted Texas wills explicitly waive the bond requirement for the named executor. If the will is silent or there's no will, the court will typically require a bond based on the estate's value — unless all beneficiaries agree in writing to waive it.

Your Core Duties as Executor in Texas

1. File the application and attend the probate hearing
2. Take the executor's oath and obtain Letters Testamentary
3. Publish or send required notices to creditors and beneficiaries
4. Prepare and file an Inventory, Appraisement, and List of Claims (or a sworn affidavit in lieu of inventory, if eligible)
5. Open an estate bank account and manage estate assets
6. Pay valid debts and taxes
7. Distribute assets to beneficiaries per the will or Texas's intestacy laws
8. Close the estate

The 90-Day Inventory Deadline

Texas requires executors to file an Inventory, Appraisement, and List of Claims with the court within 90 days of qualification — one of the shorter deadlines nationally. If more time is needed, you can request an extension from the court before the deadline passes. Alternatively, if all beneficiaries agree and there's no unpaid debt to the IRS, the executor may file a sworn affidavit in lieu of the full inventory, which is filed with the court but not made public.

Can a Non-Resident Serve as Executor in Texas?

Yes, but Texas requires an out-of-state executor to file a Designation of Resident Agent — naming a Texas resident who can accept legal service on the estate's behalf. This is a simple filing but is often overlooked by families managing an estate remotely.

How to Close the Estate in Texas

Under independent administration, once debts are paid and the inventory is filed, you distribute the remaining assets to beneficiaries and can close the estate informally by filing a final accounting or a Notice of Closing Estate — Texas doesn't require the same formal court-approved final accounting that many other states do, which is part of why independent administration is faster.