Founding Attorney
When someone passes away and leaves behind a will, the person named as executor takes on a serious responsibility. Probate—the legal process of settling the deceased person’s estate—can be confusing, emotional, and time-consuming. Even with the best intentions, executors can make mistakes that cause unnecessary delays, increase costs, or lead to legal trouble. If you’ve been named an executor in Texas, here are five common mistakes to avoid.
1. Failing to Understand the Role and Responsibilities
Many executors step into the role without fully realizing what it involves. It’s not just about reading the will and distributing property. As executor, you’re responsible for:
- Managing the deceased person’s financial affairs
- Safeguarding and inventorying assets
- Paying off valid debts and taxes
- Distributing assets according to the will
- Complying with Texas probate law
Mistakes often happen when executors act too quickly, overlook required filings, or make decisions without legal guidance. Taking the time to understand the process at the start can prevent much more significant issues later.
2. Not Filing the Will or Starting Probate on Time
In Texas, executors must file the will with the probate court within a reasonable time, usually within four years of the person’s death. Missing this deadline can result in:
- The will being considered invalid
- The estate is being treated as intestate (no will)
- Increased family conflict and court involvement
Starting the probate process promptly protects both the executor and the estate. If you’re unsure where to begin, getting legal support early can make a real difference.
3. Overlooking Debts and Liabilities
Another common error is distributing assets before addressing the estate’s debts. Under Texas law, creditors must be paid before any inheritance is handed out. If you skip this step, you could be personally responsible for outstanding bills.
Best practices include:
- Making a complete list of known debts
- Publishing a notice to creditors
- Waiting to distribute assets until debts and taxes are settled
Skipping this process can create legal and financial headaches down the line.
4. Failing to Communicate with Beneficiaries
Emotions often run high during probate, especially among grieving family members. When beneficiaries feel shut out of the process, it can lead to:
- Distrust and resentment
- Conflict or even lawsuits
- Delays in distributing the estate
Clear, timely communication helps ease concerns and keeps everyone on the same page. You don’t need to provide every detail, but regular updates and openness go a long way in maintaining peace.
5. Trying to Do Everything Alone
Probate involves a long list of legal and financial responsibilities. Without guidance, even small mistakes can snowball into more significant problems. Some executors try to manage everything on their own and find themselves overwhelmed or at risk of liability.
This is especially true when:
- Real estate is involved
- The estate has multiple beneficiaries
- There’s a chance of disputes
Knowing when to ask for help is just as important as completing the paperwork. Being named executor in a Will doesn’t by itself give you the authority to handle the estate – the Will must be presented to a probate court judge in order to be found valid, and then Letters Testamentary are issued to the executor by the court. Also, under Texas law, a person serving as an executor is required to be represented by an attorney – this helps to ensure that the executor understands the fiduciary duties owed to the beneficiaries and follows the steps required.
How an Attorney Can Help
The Law Office of Carey Thompson provides executors with comprehensive representation on probate in Texas. When you partner with us, you gain a team that understands the process, knows how to deal with creditors, and is adept at preventing and mitigating beneficiary disputes.
From start to finish, we offer practical legal guidance that makes your job easier and protects you from personal risk. Trust us to help you faithfully carry out your responsibilities and safeguard your interests at every step. Contact us today to schedule a consultation and get the guidance you deserve.