Choosing an executor in Texas

What a Texas executor does

The executor is appointed by the court, then inventories assets (within 90 days of qualifying unless extended, § 309.051, or files an affidavit in lieu, § 309.056), publishes a notice to creditors within one month of receiving letters (§ 308.051), gives beneficiaries the required notice within 60 days of the will being admitted (§ 308.002), pays valid claims and any taxes, and distributes the remainder. It is an administrative job that can take months and carries fiduciary responsibility.

Independent vs. dependent administration

When your will authorizes independent administration (§ 401.001), the executor acts without court permission for most steps — faster and cheaper. Without that authorization, administration can be "dependent," with court supervision of individual actions. Naming an independent executor in the will is standard modern Texas practice.

Who is disqualified in Texas

Texas law disqualifies a person who is incapacitated, a felon who has not been pardoned or had civil rights restored, a corporation not authorized to act as a fiduciary in Texas, or a person the court finds unsuitable (Tex. Est. Code § 304.003). A nonresident CAN serve — but only after appointing a resident agent to accept service of process and filing that appointment with the court. That is more flexible than many states.

Name an alternate — and ask first

Always name a backup in case your first choice cannot serve or is not qualified. And talk to the people you choose: serving is a real commitment, and no one should learn they have the job by surprise. EstateDraft’s Texas will lets you name an independent executor and an alternate.

Frequently asked questions

Can my executor live outside Texas?

Yes — a nonresident can serve as a Texas executor if they appoint a resident agent to accept service of process and file that appointment with the court (Tex. Est. Code § 304.003). Practical logistics still favor someone reasonably available.

What is an independent executor in Texas?

An executor who administers the estate free of routine court supervision once appointed, under Tex. Est. Code § 401.001. Most Texas wills expressly authorize independent administration because it is faster and cheaper.

Can a beneficiary be the executor in Texas?

Yes. It is common for a spouse or adult child to be both a beneficiary and the executor.

General information about Florida law, not legal advice.