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An executor has a fiduciary role to you, like a power of attorney. They are a trusted person you designate in your will to manage your estate according to your wishes after you pass away.
Most often, they are either a surviving spouse or a child of the deceased. They can only officially assume their role upon the occurrence of two events: (1) your death, or (2) an order admitting your will to probate that officially appoints them as your executor.
Before your executor can be officially appointed, they must make an application to have the will admitted to probate, a formal proceeding that occurs in the county where you resided.
Most married couples have wills that leave their estate to their surviving spouse and then divide it equally among their children upon their spouse’s death. Often, in those instances, a surviving spouse is appointed as the executor and a child as the alternate.
If your surviving spouse is of a significant age when the time comes and is unable to serve in that role, they can file a declination with the probate court, allowing a child to take over. That’s why if you’re older, you may want to consider making your child the primary executor.
Some people want to designate two or more children to serve as co-executors because they feel that choosing one would be perceived as playing favorites. This scenario is not recommended, especially if one or more children live out of state.
An executor serves in a more ministerial role. It’s the attorney who really manages the estate and probates the will. The attorney needs to work closely with the executor throughout the probate process. Because there are many documents to be signed and notarized, it’s simply easier to have one executor sign them.
You want an executor who is proactive, the type of person who gets things done. While you have four years from the date of death to probate a will in Texas, you don’t want someone who will wait a long time to get started. Most executors consult an attorney within 30 days of the death, ready to take the next step in organizing the deceased’s affairs through the probate process.
Don’t designate someone who doesn’t have some stake in your estate, unless they are being compensated in some fashion. A trusted friend may be an exception, but generally, if someone lacks motivation to probate the estate, there can be many unnecessary delays.
You have the ability in your will to determine whether you want your executors to be compensated. Generally, a spouse or a child is not expecting to be financially compensated, because they’re often benefiting from your estate financially.
If your executor is a trusted friend, consider offering them compensation to acknowledge their time investment and motivate them, as you know they’re performing their role out of kindness.
Attorney Seth Bell is a skilled lawyer based in San Antonio, Texas, who has helped clients like you navigate the intricacies of estate planning law. With decades of experience, he is prepared to assist in choosing and appointing the right executor to manage your estate after you pass, one who will ensure your wishes and intentions are honored.
Still have questions? Ready to get started? Contact the Law Office of Seth K. Bell today to schedule an initial consultation.
If you have an out-of-state executor, you also have to file an additional document called an Appointment of a Resident Agent. Often, an attorney serves in that role if the executor is out of state.
Over the last few years, an increasing number of probate hearings have been held via video conference. Previously, all hearings had to be held in person, and the out-of-state executor had to assume the additional burden and expense of travel.
Now, most courts allow video conferences or Zoom for probate hearings, especially for uncontested probate, but this creates an additional challenge in getting a will probated if the executor is not local.
The biggest concern is when an executor takes an inordinate amount of time to wrap up the estate and distribute its assets. If you have multiple choices for an executor, consider those who have a proactive, get-it-done personality. That will keep everybody pleased.
It’s not necessarily about greed on the family’s part. They just want to see the management of the estate completed and finalized. With uncomplicated estates, you can probate the estate within a couple of months if everyone is proactive.
I had a client whose wife predeceased him. He had no children. In fact, when it came to close family, he didn’t have anyone who resided in the State of Texas.
When we updated his estate plan after his spouse passed away, we appointed one of his out-of-state relatives as the executor, and I was appointed as the resident agent. As his attorney, I was able to handle everything without the executor having to come to San Antonio. This scenario was pre-COVID, when we weren’t using any video conference capabilities.
Sometimes, it’s just not possible to have someone local, but that’s the vast exception to the rule. Typically, in families with multiple children, there is always one who still lives in the area and is generally the best fit, but this is not always the case.
Choosing the right executor must be done on a case-by-case basis. It’s usually a conversation I have with the client when we’re drafting the will. I always start with a very basic questionnaire that captures relevant data. That’s when we discuss the issue and consider why a particular person might be the right or wrong choice.
For more information on choosing an executor in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (210) 824-4001 today.
Attorney Seth Bell is a skilled lawyer based in San Antonio, Texas, who has helped clients like you navigate the intricacies of estate planning law. With decades of experience, he is prepared to assist in choosing and appointing the right executor to manage your estate after you pass, one who will ensure your wishes and intentions are honored.
Still have questions? Ready to get started? Contact the Law Office of Seth K. Bell today to schedule an initial consultation.