By the Estate Planning Attorneys at Garg & Associates, PC, serving The Woodlands, Spring, Houston, Conroe, Humble, Kingwood, Tomball, Cypress, Huntsville, Westchase, Southwest, Sugar Land, West Oaks, Alief, Memorial, River Oaks, Stafford, Katy, and Missouri City.

EXECUTOR

A key aspect of an individual’s Last Will and Testament involves appointing an Executor to administer his or her estate. The Houston probate attorneys of Garg & Associates are available to counsel that appointed Executor with regard to his or her legal obligations under the Will. Learning that you have been appointed as an Executor can be bewildering if you are not equipped with a thorough understanding of the duties and procedures ahead of you. Our probate attorneys will ease the Executor’s mind by both educating and guiding him or her through the position, from the application for admission of the Will to resolution of the estate.

An executor is an individual appointed by a testator in his or her will to administer his or her estate at death. This essentially means that the executor will generally be the person to apply for the admission of the will to probate, attend the probate hearing, receive letters testamentary, gather estate assets, and ultimately distribute those assets to the estate beneficiaries pursuant to the terms of the deceased’s will.  Serving as an executor is a fiduciary position that comes with a great deal of responsibility; therefore, it is essential to put a great deal of thought into who you select as executor in your will. Executors are liable to the estate beneficiaries, and may be challenged or removed upon a determination of misconduct.

The Estate Planning and Probate attorneys at Garg & Associates are available to discuss the role of “executor” in detail, including the particular steps that need to be taken and the order thereof. In general, the executor’s responsibilities include collecting and securing estate assets, completing the Inventory, Appraisement and List of Claims, paying estate creditors, filing tax returns, paying taxes, and ultimately distributing the estate property pursuant to the provisions of the decedent’s will.

Very often, testators choose to appoint their spouses as executor, if they are married. Others will choose to appoint a child, a sibling, or other trusted relative. A person creating a Will will be afforded a great deal of latitude in selecting his executor, with only a few intuitive categories being declared off-limits by the state of Texas. For example, a probate court will rule that a person is disqualified from serving as executor if he/she is a convicted felon, incapacitated, a non-resident of Texas who has not appointed a registered agent in Texas, a corporation not authorized to act as a fiduciary in Texas, or any other person whom the court finds unsuitable.

Texas law does allow a testator to appoint  an executor who is not a resident of the state of Texas. However, such executor must appoint a registered agent within the state of Texas to accept service of process for all matters relating to the estate, and he or she must file such appointment with the court.

If you have been selected as the executor of a loved one’s estate, it is of the utmost importance to thoroughly discuss your rights, duties and obligations with the qualified Wills, Trusts & Probate attorneys at Garg & Associates. Our attorneys will guide you through the Texas probate system, and equip you with the knowledge necessary to competently and efficiently carry out your duties.

Call Garg and Associates today at 281.475.4640 or complete our Contact Form and let us assist you with your wills and trusts.