{"id":12900,"date":"2024-03-17T06:00:29","date_gmt":"2024-03-17T11:00:29","guid":{"rendered":"https:\/\/legaltalktexas.hammerle.com\/?p=12900"},"modified":"2025-06-18T12:35:23","modified_gmt":"2025-06-18T17:35:23","slug":"independent-executorship-in-texas","status":"publish","type":"post","link":"https:\/\/hammerle.com\/legaltalk\/estate-planning\/independent-executorship-in-texas\/","title":{"rendered":"Introduction to Independent Executorship in Texas"},"content":{"rendered":"

Let\u2019s assume your mom, who lived in Texas, died and left a <\/span>written will<\/span><\/a> naming you as her independent executor. What can you expect once the court has appointed you the independent executor of her estate?\u00a0<\/span><\/p>\n

Becoming an Independent Executor\u00a0<\/span><\/h2>\n

1. Formally Qualifying<\/span><\/h3>\n

You formally qualify to serve as <\/span>independent executor of the estate<\/span><\/a> by filing your written oath of office. This is normally done at the court hearing.<\/span><\/p>\n

Because you are an \u201cindependent\u201d executor, you may act independently of the Probate Court\u2019s control, except that you must file a required Inventory and List of Claims or file an Affidavit in Lieu. This is extremely fortunate for you and your mom\u2019s estate. If you are only appointed as a <\/span>dependent executor<\/span><\/a>, then most of your actions would be subject to prior approval by the Probate Court, which would greatly increase the time and expense of probate. Texas is unique in that it offers an independent executor type of probate.<\/span><\/p>\n

2. Getting Your Letters Testamentary\u00a0<\/span><\/h3>\n

Once you have qualified by filing your oath, you can obtain a document called \u201cLetters Testamentary\u201d from the County Clerk. The Letters show the world that you have been appointed independent executor and are authorized to act for your mom\u2019s estate. You will present the Letters to virtually the entire world you will be dealing with – banks, investment companies, title companies, and the like – to gather your mom\u2019s estate and pay her debts.<\/span><\/p>\n

Most people order just 5 original Letters in the beginning. The Letters are only valid for 60 days after the Clerk issues them, so you don\u2019t want to order a lot. You can request new Letters from the Clerk at any time.\u00a0<\/span><\/p>\n

3. Administration of the Estate<\/span><\/h3>\n

Now for the challenging part:\u00a0 the administration of the estate. This involves several types of actions. You will collect all the <\/span>probate<\/span><\/a> assets your mom owns, and all claims owing to her. You will resolve all debts, liabilities, claims, and expenses owed by your mom or her estate. You will pay her taxes and any estate taxes. You will distribute the remaining assets to the beneficiaries named in your mom\u2019s will. There are deadlines.<\/span><\/p>\n

This won\u2019t necessarily be easy, especially because there remains a huge danger. Someone could challenge the admission of your mom\u2019s will to probate at any time during the next 2 years. If the will is challenged, the court could order you to account for all your actions as an independent executor.\u00a0<\/span><\/p>\n

Tips for Handling the Estate<\/span><\/h2>\n

Be very careful how you <\/span>handle the estate<\/span><\/a>.\u00a0\u00a0<\/span><\/p>\n