Originally published on April 20, 2025

Choosing the right executor is one of the most important decisions in any estate plan. In Texas, the executor (also called a “personal representative”) is the person responsible for carrying out the terms of your will, paying your debts, and distributing your assets after your death. But not everyone is eligible to serve—and not everyone is a good fit for the job.

Whether you’re writing a will or dealing with a loved one’s estate, this article will explain who can legally serve as an executor in Texas, what the role involves, and how to avoid common pitfalls.

What Is an Executor?

An executor is a person or entity named in a will to manage the estate of someone who has died. Their responsibilities include:

  • Filing the will with the probate court
  • Notifying heirs and creditors
  • Collecting and valuing assets
  • Paying valid debts and taxes
  • Distributing property according to the will

The executor acts as a fiduciary, meaning they are legally obligated to act in the best interest of the estate and its beneficiaries. In Texas, executors may serve with or without bond, depending on how the will is written and the court’s discretion.

Who Can Legally Serve as an Executor in Texas?

Under the Texas Estates Code, the following people may serve as executors:

  • An individual who is at least 18 years old
  • Of sound mind (not legally incapacitated)
  • Not a convicted felon (unless pardoned or rights restored)
  • Not found unsuitable by the court

Texas also allows corporate executors—such as banks or trust companies—to serve, but they must be authorized to act as fiduciaries under Texas law.

Non-residents can serve as executor only if they appoint a resident agent for service of process in Texas.

Who Cannot Serve as Executor?

According to the Texas Estates Code §304.003, the following people are disqualified from serving:

  • Minors
  • People found mentally incapacitated
  • Felons who have not had their rights restored
  • Individuals found “unsuitable” by a probate judge

“Unsuitability” is a broad category and may include people with conflicts of interest, a history of dishonesty, or an inability to perform required duties.

How Is an Executor Appointed?

If the deceased left a valid will, the executor named in the will must apply for probate and ask the court to formally appoint them. Once appointed, they receive “letters testamentary,” which authorize them to act on behalf of the estate.

If there is no will—or if the named executor is unwilling or ineligible—the court will appoint an administrator to serve in a similar role. Texas law sets a priority list for who may serve in that case, starting with the surviving spouse and continuing through other heirs.

Can More Than One Person Serve as Executor?

Yes. A will may name co-executors, who must act together to manage the estate. This can be helpful for complex estates, but it also creates the potential for conflict or delay if the co-executors do not agree.

In some cases, the court may allow one co-executor to act independently, or require joint signatures for certain actions like selling property.

Independent vs. Dependent Administration

Texas is one of the few states that offers independent administration of estates, meaning the executor can act with minimal court supervision. This is generally allowed when:

  • The will authorizes it explicitly, or
  • All heirs agree to independent administration

In dependent administration, the executor must obtain court approval for most actions, including paying debts and selling assets. This adds time and cost, but may be necessary in contested or complex estates.

Should You Appoint a Family Member or Professional?

Most people appoint a family member or close friend as executor—but that may not always be the best choice. Consider naming a professional (like an attorney or trust company) if:

  • The estate is large or includes business interests
  • Family conflict is likely
  • The named executor lives out of state or has health issues
  • You want to ensure neutral and experienced administration

Even if you choose a loved one, you can name a professional as a backup or co-executor for guidance and support.

Can You Change the Executor in Your Will?

Yes. As long as you are mentally competent, you can update your will at any time to change the executor. You’ll need to either:

  • Sign a new will naming a different executor, or
  • Execute a codicil (amendment) that changes only that portion

Keep your estate plan updated, especially if your named executor moves away, passes away, or no longer feels like the right fit.

How Guerra Days Law Group Can Help

At Guerra Days Law Group, we help clients across Texas draft wills, appoint trusted executors, and navigate probate with confidence. Whether you’re choosing an executor or serving as one, we’ll guide you through the legal requirements and practical realities of the role.

If you’ve been named executor and don’t know where to start, we’ll provide step-by-step support. If you’re planning your estate, we’ll help you choose the right person and create a plan that ensures your wishes are carried out properly.

Contact us today to schedule a consultation and get peace of mind for the road ahead.