Jamie Graham & Associates, PLLC

What are the duties of a Texas executor?

Making a will is a serious responsibility that many Americans tend to put off for all too long. Investing careful thought and planning into this endeavor, as well as enlisting qualified legal help, is a good path to creating an effective will that reflects a person's real wishes.

Naming an executor is an important part of the estate planning process. A qualified executor can make things go slowly, while one who is not up to the task can cause confusion, delays and a host of other problems during probate.

Inventory the estate's assets

The primary duties of an executor revolve around making sure the decedent's assets go to the heirs as designated in the will. To this end, after receiving official letters testamentary from the court, the executor must begin by taking a complete inventory of the estate's assets and getting an accurate valuation. Not everything the decedent owned may form part of the estate; generally, assets with other people on the title will not count. The executor must submit this inventory to the court.

Settle claims

The executor also takes care of any obligations the estate has. This means paying bills, creditors and any applicable federal and state taxes, including those previously owed. Because the executor must protect the estate, he or she must make sure any claims on it are valid before paying them. In some cases, he or she may have the obligation to dispute a claim and litigate the matter if necessary. Otherwise, an executor may face allegations of failing in his or her fiduciary duties to the estate and the beneficiaries.

Carry out the will's provisions

Next, the executor distributes the assets according to the provisions of the will. Once this process is over, he or she formally closes the estate and submits an accounting of all transactions to the court.

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At Jamie Graham & Associates, PLLC, we have received a variety of honors and awards for our family law services. Members of our team have been listed as Top Lawyers in San Antonio Scene magazine. We take pride in the number of positive reviews we have received from satisfied clients. On AVVO, a lawyer rating website, we have received an 8.9 rating overall and many positive ratings from clients and colleagues.

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Jamie Graham & Associates, PLLC
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San Antonio, TX 78205

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