Texas executors 2025

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In an independent administration under Texas Estates Code 404.001, the independent executor is required to serve an estate accounting to any interested person within 60 days from demand.
Executors in Texas must be a state resident who is at least 18 years old with no criminal record. Posting an executor bond is a requirement for almost all executors. Its amount is tied to the value of the estate. Unlike many other states, requires executors to hire an attorney, in almost all cases.
One of the most challenging aspects of this process can be selling estate property to meet these financial obligations. Texas law allows executors to sell property without the beneficiaries approval, which can be necessary to keep the estate solvent.
Who can be an executor? Section 304.001 of the Estates Code lists potential candidates in the order of priority. In most cases, it will be an executor listed in the will, a spouse, a beneficiary, or a family member. If nobody initiates administration, a creditor or another interested party may also qualify. Estate Executors - Probate Law - Guides at Texas State Law Library texas.gov probate estate-executors texas.gov probate estate-executors
The courts take steps to move the process along, and the executor of an estate generally has 12 months to complete the probate process and pay heirs or beneficiaries from the estate. This payout can only happen once all debts have been paid.
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5% Costs incurred by the Executor If the executor is an attorney, the law in most states prevents him or her from collecting both an executors fee and an attorneys fee for legal advice on the estate. In Texas, the executor is entitled to 5% of the estate as a fee for his or her duties. A Guide for Duties as an Executor af.mil Portals documents af.mil Portals documents
This process can take between two months to as long as two years, depending on the complexity of the estate. Some people die suddenly; others have a long time to prepare for their death. That means that people have varying degrees of estate planning in place at the time of their passing.

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