What is an Executor?
An Executor is an individual named in a Will who is asked to administer the estate of someone who has passed away during the probate process.
Can my will have more than one executor?
Yes. We recommend that our clients provide us with at least their first, second and third choice of executors. If you are only able to provide one or two, that is perfectly fine. If you have more than three that you want to include that is even better.
Can I have more than one person serve as executor in my will?
Yes. You can have two or more people serve as executors or coexecutors in your will.
How does the court decide what to do if all the executors named in a will are either unable or unwilling to serve as executor?
Then someone will need to volunteer and step forward to administer the estate. When someone wants to take an estate through probate in Texas where they are neither named as executor in a will or all of the executors are either unable or unwilling to serve as executor then it is called “Probate of Will Annexed” and the executor is instead called an administrator.
What is the difference between Executor and Executrix?
In Texas, many times we simply refer to everyone who is listed in a will as an executor as an executor. There is however a difference where a male is called an executor and a female is called executrix.
What do executors get to prove that they are an executor?
Executors are issued letters testamentary, which are given to people and entities to prove that they are authorized to act on behalf of someone that has died.
How do I get started on a Will?
If you need a Will drafted or you are named as an executor in a will and want to learn more as to what you need to do, contact us at the Oxner Legha Law Firm by either sending us an email or giving us a call at 346-327-9500.
What if all my executors have died named in my will?
Then the will shall be admitted to probate as Will Annexed and someone will need to volunteer to administer the estate.
Should I get a new will if all of the people I named as executor in my will have died?
It depends. If you only want to change the executors then you can do a will codicil instead. If you have a lot you want to change to your will then you should have your will redrafted and signed in its entirety.
What if I no longer want to have someone serve as my executor?
You must either execute a codicil or a new will and list your new preferred executor. If you do not change your will and leave that undesired person listed as executor then there is a good chance that if they so desire to be executor that the court will appoint them if they file an application to be appointed executor.
What do I do if I do not want to be executor?
You can simply tell the attorney or the beneficiaries of the will that you do not wish to be executor.
What do I do if I am named as executor in a will but do not want to be an executor?
You will need to provide the will to the named beneficiaries in the will within 30 days of learning of the testator’s death.
How do I get Letters Testamentary if I am named as Executor in a will?
You must probate the will. To probate the will and be named executor, you must hire a law firm or attorney to file an application to probate with the local probate court where the person who died lived at the time of their death.
Do I need to get Letters Testamentary when the bank will not allow me access to someone’s account who has died?
Yes. The bank will require a court order that indicates who is authorized to act on behalf of the individual (estate) who died. You will either get Letters Testamentary if you are a named executor in the will or Letters of Administration if there is not a will or you are not the named executor of the will but you volunteer to be executor and the other executors are dead or unwilling or unable to serve.
Can my husband be my executor?
Yes. We actually recommend that spouses serve as the first choice of executor in a will.
Can I list my wife as executor in my will?
Yes. We actually recommend that a husband or wife be the first choice of an executor in a will.
Can my executor also be someone that is getting something in my will?
Yes. The executor listed in your will can receive all or some of your estate (money, property etc.) in your will.
Does my executor get anything in my will?
No. An executor is not paid and does not get anything in your will unless you specifically state that they get something.
Can I leave something to my executor?
Yes. We actually sometimes recommend that your main beneficiary of your will be your executor.