The Importance Of An Executor Of Estate For Helotes Residents
Estate planning is a critical step in securing your family’s future and ensuring your wishes are respected after you pass. One of the most critical decisions you’ll make during this process is selecting an executor of estate — someone you trust to carry out the responsibilities of your will in accordance with Texas law.
At Bineham & Gillen, we’re here to help families across Helotes, San Antonio and the surrounding areas better understand their estate planning options. We emphasize the importance of having an estate plan, from establishing trusts to drafting a will that names your executor.
Below, we’ll walk you through the key duties of an executor and what to expect under Texas guidelines.
What Does An Executor Of An Estate Do?
In Texas, an executor of an estate plays a legal role in managing and distributing a deceased person’s property and financial obligations. Their job is to ensure the estate is handled according to the instructions left in the will and according to state probate laws.
Initiating Probate Proceedings
Your executor is in charge of filing your will with the appropriate probate court. This step legally begins the probate process and establishes the executor’s authority to act on behalf of the estate.
In Texas, not every estate must go through formal probate. Most will still require some form of court filing to validate the will.
Locating And Managing Assets
Once appointed, the will and testament executor must identify and secure all assets that belong to the estate. This may include:
- Real estate
- Bank accounts
- Retirement accounts
- Personal property (such as jewelry, vehicles and household items)
They must maintain the assets until they can be distributed to the beneficiaries.
Paying Taxes And Debts
Before assets are distributed, the executor must settle outstanding debts and taxes. This includes:
- Notifying creditors
- Paying valid claims
- Filing the deceased’s final income tax return
- Handling any estate taxes, if applicable
In Texas, estates valued under a certain amount may qualify for simplified procedures. The executor must confirm which rules apply.
Distributing Property To Beneficiaries
Once debts and taxes are cleared, the executor distributes your remaining assets according to the instructions outlined in the will. This distribution must be done carefully to avoid disputes and ensure every beneficiary receives what they are legally entitled to.
Executor Requirements In Texas
Texas law has specific requirements for who can serve as an executor. To be appointed, a person must:
- Be at least 18 years old
- Be of sound mind
- Not have a felony conviction (unless specifically approved by the court)
Executors are often family members, close friends or trusted professionals. Choosing someone who is organized, responsible and familiar with your wishes is critical to ensuring your estate is handled smoothly.
What Happens If No Executor Is Named?
If a person dies without naming a will and testament executor — or if the named person cannot serve — the court will name an administrator. An administrator performs the same general functions as an executor but is assigned by the court rather than by the will.
This is one of many reasons why properly naming an executor when drafting your will is so important.
Why Having A Dependable Executor Matters
The role of the executor isn’t just ceremonial. It involves legal duties that require attention to detail, honesty and the ability to communicate clearly with beneficiaries and the court. A reliable executor helps avoid unnecessary delays, family conflict and even costly mistakes during the estate settlement process.
When creating your estate plan, working with knowledgeable legal counsel ensures your executor’s responsibilities are clearly outlined. Bineham & Gillen offers services to help reduce confusion and ease burdens on your loved ones.
Trust Bineham & Gillen With Your Texas Estate Planning Needs
At Bineham & Gillen, we know that estate planning can feel overwhelming — but it doesn’t have to be. Our experienced team is here to guide you through the process with care and attention, ensuring that your wishes are respected and your family is protected.
If you have questions about naming an executor of estate or crafting a full estate plan that complies with Texas law, we’re ready to help. Contact us today to schedule a consultation and secure your future with confidence.
