by Kristen Ishihara and Chris Parker with Ishihara & Parker Law Firm PLLC

So, you’ve been named the executor of someone’s estate—now what? It might seem like a straightforward role, but there’s actually quite a bit to it. If you’ve never done it before, don’t worry! We’re breaking down what an executor does, what challenges you might face, and how to navigate the process smoothly.

Step 1: Do You Have the Will?

First things first—do you actually have a copy of the will? If not, you need to find out where the original is. Without that, you’re at a standstill. The executor’s job starts with locating the will and making sure it gets to the right place.

Step 2: Who Can Be an Executor?

What if you don’t have anyone in your life to serve as an executor? No problem! You can always appoint a third party like a bank, accountant, or CPA to take on the role. Sure, it may cost more, but you’re getting a professional who will handle things correctly and eliminate family conflicts. If you’re worried about disputes, sometimes it’s better to have everyone mad at a neutral fiduciary rather than a sibling!

Step 3: The Court Process

Once the original will is in hand, the executor will take it to an attorney. Just because there’s a will doesn’t mean it automatically has to go through probate—that’s a call for the attorney to make. If probate is necessary, the executor will go to court, file the necessary paperwork, and receive what’s called “letters testamentary.” These letters officially appoint you as the executor and give you the authority to handle the estate. Without them, you’re not legally in charge yet.

Step 4: Handling the Estate’s Business

After appointment, the executor will:

• Get an EIN (Employer Identification Number) to open an estate account.
• Gather and secure the deceased’s assets (house, car, bank accounts, etc.).
• Notify financial institutions and close or transfer accounts.
• Pay off debts before distributing anything to beneficiaries.

Sounds simple, right? Well, not always. Every bank, creditor, and financial institution has its own set of hoops to jump through, and it can take time. Some require you to open a new estate account with them first, others will just cut a check to the estate. Either way, it’s legwork for the executor.

Step 5: Creditors and Beneficiaries

Within 30 days, you have to publish a notice to creditors in the newspaper, and within 90 days, file an inventory of the estate with the court. If there are known creditors (like a mortgage lender or credit card company), they’ll need to be notified individually. And let’s not forget the beneficiaries! Some will be patient, but others will be calling asking, “Where’s my check?”

Step 6: The 18-Month Mark

Texas law allows an executor 18 months to settle the estate. If things are dragging on past that, beneficiaries can legally request an accounting to see what’s going on. Sometimes, wrapping up an estate is quick and painless. Other times, there’s a house to fix up, property to sell, or complex financial accounts to sort through.

Extra Considerations

• Disabled Beneficiaries: If any heirs are on government assistance, let the attorney know—there may be legal ways to protect their benefits.
• Taxes & Retirement Accounts: If retirement accounts are involved, consult a CPA. There might be required minimum distributions or tax implications to consider.

Final Thoughts

Being an executor isn’t just an honorary title—it’s a real job with legal and financial responsibilities. If you’ve been named in someone’s will, make sure you understand what’s expected. And remember, you don’t actually have any authority until the court officially appoints you. So before you start making big decisions, consult a lawyer and get everything squared away.

Handling an estate can be a long and emotional process, but knowing the steps ahead of time makes it a whole lot easier!

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