What is an Executor?

An Executor is appointed to administer the estate of a deceased person. When a person died without leaving a valid will, called intestate, the Texas Probate Code provides a list of who can apply to be the “Administrator” of the estate. Whether an Executor or Administrator there is a legal process necessary to be appointed to this role. Our probate attorneys have represented many of Executors, Administrators, and Trustees and helped them through each step of the probate process.

Do I need a lawyer to probate a will?

If you have been appointed as an executor of a will, you have many duties including complying with the Texas Estates Code and determining the type of probate estate necessary to complete the purposes of the will. Executors also owe fiduciary duties to all of the beneficiaries of the will. If an executor does not follow all requirements and duties, the executor can become personally liable to beneficiaries and creditors of the estate. Because of this potential liability, we highly recommend that the executor seek the legal advice of experienced law firms like Dankesreiter & Emmet, LLP. We can go to the probate courts for you and follow all of the procedural rules on your behalf.

Are all of a person’s assets transferred by their will?

No, some of a person’s assets are “non-probate assets” meaning that they can be transferred based upon beneficiary designations. IRAs, 40l(k)'s, annuities, and life insurance policies are examples of non-probate assets. Additionally, bank accounts can also pass outside of the probate process depending upon the nature of the account. When you consult with us, we will advise you on beneficiary designations for these assets. Beneficiary designations conflicting with the beneficiaries in your will or trust can cause unintended beneficiaries to receive proceeds.

What type of probate services do you provide?

• Representation of Executors of Estates

• File with Probate Court to have Executor Appointed

• Obtain Letters Testamentary for the Executor

• Timely file all documents and notices with the Court

• Attend hearings with the Executor

• Aid the Executor in gathering and valuing assets

• Assist in preparing an estate inventory

• Assist with the sale or transfer of real estate

• Distribute assets, obtain releases, and negotiate family settlement agreements

• Represent beneficiaries whether or not there is a Last Will and Testament

• Representing beneficiaries to verify receipt of all assets to which they are entitled