Understand the duties and responsibilities that come with the position of executor so you will know why considerable thought should go into deciding who to appoint to the position. Learn more about Texas probate in this presentation.

1. Estate Planning and Special Needs Trusts
IN A TEXAS PROBATE
Understand the Duties And Responsibilities
That Come With the Position of Executor So You Will
Know Why Considerable Thought Should Go Into
Deciding Who to Appoint to the Position
STEPHEN A MENDEL
Houston Texas Estate Planning Attorney
DUTIES OF ANEXECUTOR OR ADMINISTRATOR

2. Duties of an Executor or Administrator in a Texas Probate www.mendellawfirm.com 2
Given the importanceof your estateplan, careshould be takenwhen
making all of thedecisionsthat are required during your plan’s creation.
People often make themistakeof focusing on decisionsrelating tothe
distributionofestateassets but fail to spend much timewith decisions
relating tothe administrationand probateofthe estate. Appointing an
executor, for example, may
be the single most
important decisioninan
estateplan, yet people
frequentlyspend very little
timedeciding whoto
appoint tothe position.
Once you have a better
understanding ofthe
dutiesand responsibilities
that comewith the positionof executor you will likely know why
considerablethought should go into deciding whoto appoint tothe
position.
EXECUTOR VS. ADMINISTRATOR
When you createyour Last Willand Testament you will appoint someone to
oversee the administrationofyour estate. That person is referred to as the
“executor” ofyour estate. In the event that you diewithout executing a Will,
referred to in legal termsas dying “intestate”, someonewill still need to
oversee the administrationofyour estate. That individualisreferred to as
an administratorinan intestateestateadministration. Theterm used in
Texasto refer to either an executor or an administrator is“personal

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representative”, or PR. Though thereare small differencesin the dutiesand
responsibilitiesofan executor and an administrator, themost significant
differenceis that an executor ischosen by the decedent whereas an
administratoriseither a volunteer or a court appointee.
BEGINNING THE PROBATE PROCESS
When you die, locating your Last Will and Testament should be one of the
first practicaltasksundertakenbyyour loved ones. Once located, the
person named as executor in the Will must prepareto open the probateof
your estate. When a Will is not located, a familymember or loved one may
volunteer to be the administrator.
He or she will also need to prepare
for probate. The first decisionto be
madeis whether the estaterequires
formal probate. Estateswherethe
only issue is clearing titleto real
propertymayqualify for an
alternativetoformal probateknown
as “muniment oftitle”. Another possibilityifthe estateassetsare minimal
and the decedent died intestateisa small estateaffidavit. All other estates,
however, must go through formalprobate.
The formalprobateprocessbeginsby filing a petitiontoprobateinthe
appropriatecourt. TheoriginalWillmust be submitted tothecourt at this
time. One purpose of probateis to “prove” the Will. The court must
determinethat all theformalitiesof executionweremet and the Will was
not cancelled out or revoked prior to death. The court must also approve

4. Duties of an Executor or Administrator in a Texas Probate www.mendellawfirm.com 4
the appointment ofthe executor or administratoraswell as determineifthe
estatequalifiesfor independent administrationbeforeprobatemay
proceed.
LOCATING, VALUING, AND MANAGING ESTATE ASSETS
Once officiallyappointed by thecourt, the PR’s job beginswith the taskof
locating all of theestateassets. All assetsowned by you at the timeof death,
or in which you had an ownership interest, must be located by your PR and
a dateof death value ascertained. Obtaining therequired valuesoften
entailshiring estateappraisers, realestateappraisers, and financial
consultantsif the estateassetsare valuableand/or complex.

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Your PR must manage all of your estateassets during thependency of the
probateof your estate. In some cases thismeansnothing more thanclosing
a financialaccount and keeping trackofthe amount on deposit. For other
assets, however, daily managementcanbetimeconsuming and
cumbersome. Realproperty, for example, mayrequiremaintenanceand
upkeep untilit is transferred toa beneficiary. Furthermore, a PR is often
required tomake the difficult decision asto what assetsto sell if the estate
lacks liquidityand creditorsor taxesneed to be paid.
CREDITORS OF THE ESTATE
Your PR is also required toprovide noticeto all potentialcreditorsofthe
estate. To ensure that unknown creditorshavenoticeof the processyour
PR must publish noticeof the probateina local newspaper. Creditorsmust
then file a claim with the court which is then reviewed by the PR. The PR
may approvethe claim or deny the claim. If approved the PR must paythe
claim out of estateassets. If the claim is denied by the PR thecreditor may
pursuethe claim in court.
PROBATE LITIGATION
The PR representsyou and your estatethroughout theprobateprocess;
therefore, if any litigationcomesup during probateyour PR must defend
the estateand/or defend the Will you created and executed. For example, if
a Will contest is filed your PR must defend theWill submitted toprobate.
Likewise, if your PR denies a creditor claim and thecreditor isnot happy
with that decisionyour PR must defend the decisionto deny the claim
throughout anylitigationrelated totheclaim.

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TAXES
If you had incomein the year of your death, a personal tax returnmust be
filed for you. In addition, and depending on the size of your estate, an estate
tax returnmust be prepared and filed before any assets canbe distributed
to the intended beneficiaries. If you, or your estate, owe taxes, the tax
obligationmust bepaid from theestateassets by your PR.
THE ROLE OF ESTATE PLANNING ATTORNEY
Becausethe dutiesand responsibilitiesareoftencomplex, timeconsuming,
and requirea degree of legal knowledge the averageindividualdoes not
have, most executorsand administratorsretaintheservicesof an
experienced estateplanning attorneytohelp throughout theprobate
process.
TRANSFERRING ASSETS TO BENEFICIARIES
Only after all assetshave been accounted for and valued, creditor claims
paid, litigationresolved, and taxesprepared and paid can the PR beginto
transfer estateassetsto the intended beneficiariesor heirsof the estate.
It should be clear at this point that thepositionof executor or administrator
of an estateis a time-consuming positionthat requiresa considerable
amount of skill and knowledge in variousareas. A small mistakein the
probateprocesscancost your estate --and ultimatelyyour beneficiaries--
both timeand money. Knowing all of thisshould prompt you to takethe
timenecessaryto pick theright person for the job when you createyour
estateplan.

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TexasLegislature, Powersand Dutiesof PersonalRepresentative
TexasYoung Lawyer Association, TexasProbatePassport
TexasLegislature, ProbateCode
TravisCounty ProbateCourt, A Guidefor the TexasIndependent Executor

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About the Author
Stephen A Mendel
Stephen A. Mendel is a member of the American Academy of Estate
Planning Attorneys, a national organization that serves the needs of legal
professionals whose practices focus on estate planning and asset
protection. The Academy fosters excellence among its members and helps
them deliver the highest possible service to their clients. Stephen A. Mendel provides a
broad spectrum of strategies and planning tools that can accomplish very diverse goals.
Mr. Mendel is an attorney who focuses a substantial part of his practice on estate
planning. Mr. Mendel’s guiding principle is to provide his clients with quality legal
services tailored to each client’s specific needs and goals.
Mr. Mendel has been providing quality estate planning for Houston and surrounding
area clients for many years. His firm helps numerous people who are concerned about
protecting their families from the devastating legal effects of disability and death. The
aim of the firm is to help you accomplish your estate planning goals and to take the
mystery out of the planning process.
Specific services include, but are not necessarily limited to, design and preparation of
wills & trusts, asset protection, use of family limited partnerships as part of the planning
process, buy-sell agreements, business counseling, and succession of closely held, family
owned businesses.
The Mendel Law Firm, LP
1155 Dairy Ashford
Suite 104
Houston, TX 77079
Phone: (281) 759-3213
Fax: (281) 759-3214
www.mendellawfirm.com