Executor Duties in Texas

Main duties and deadlines for a Texas personal representative: within one month after receiving letters, publish a notice to creditors in a county newspaper (and send it to the Comptroller if the decedent owed state-administered taxes), and within two months notify secured creditors; within 60 days after the order admitting a will to probate, give notice to each beneficiary named in the will, and by the 90th day file an affidavit or certificate with the clerk confirming the notices were given; before the 91st day after qualifying (unless the court allows more time), file a verified inventory, appraisement and list of claims (an independent executor may in some cases file an affidavit in lieu of inventory); pay claims, expenses and taxes; then distribute the estate and close it.

Probate is handled by the county court, a county court at law with probate jurisdiction, or a statutory probate court, depending on the county. An application to probate the will is generally filed within four years after death. Before the 21st day after a will is probated, the court grants letters testamentary to each executor named in the will who is not disqualified and is willing to qualify; if there is no will (or no executor), the court grants letters of administration (or administration with the will annexed). The court's order states the name of the person appointed and the amount of any bond. Once the representative qualifies (oath and any required bond), the clerk issues the letters as a certificate of the clerk, under the court's seal, stating that the representative has qualified.

Claims may generally be presented any time before the estate is closed if not barred by the general statutes of limitation. A personal representative may send an unsecured creditor a notice requiring the claim to be presented before the 121st day after the creditor receives the notice, or the claim is barred. Secured creditors must specify how their claim is to be treated within the later of six months after letters are granted or four months after receiving the required secured-creditor notice.