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Home→Tools→Executor Duties Checklist→Texas

What Are My Duties as Executor in Texas?

Step-by-step guide for executors navigating probate, from filing the will to closing the estate.

Frequently Asked Questions

An executor (or personal representative) in Texas is responsible for filing the will with the probate court, inventorying and appraising assets, notifying creditors, paying debts and taxes, and distributing remaining property to beneficiaries. The executor has a fiduciary duty to act in the best interest of the estate and its beneficiaries.

The probate petition filing fee in Texas starts at approximately $360.Tex. Est. Code §§ 205.001/205.006 (small estate), 256.003 (4-year will filing deadline), 257.001 (muniment of title), 305.101 (bond), 308.051 (publication), 352.002 (executor commission; cash-flow base with § 352.002(b) exclusions and 5% gross-FMV cap), 352.051 (attorney fees), 355.001 (general claim presentment), 355.060 (121-day claim bar), 401.001-401.003 (independent administration); re-verified 2026-05-27 against statutes.capitol.texas.govVerified May 27, 2026 Additional fees may apply for certified copies, recording fees, and publication of notice to creditors.

Texas requires the executor to publish notice to creditors in a local newspaper. Known creditors should also receive direct written notice. Creditors have 4 months to file claims.Tex. Est. Code §§ 205.001/205.006 (small estate), 256.003 (4-year will filing deadline), 257.001 (muniment of title), 305.101 (bond), 308.051 (publication), 352.002 (executor commission; cash-flow base with § 352.002(b) exclusions and 5% gross-FMV cap), 352.051 (attorney fees), 355.001 (general claim presentment), 355.060 (121-day claim bar), 401.001-401.003 (independent administration); re-verified 2026-05-27 against statutes.capitol.texas.govVerified May 27, 2026 The executor is personally liable for distributions made before the claim period expires if valid claims go unpaid.

Texas allows estates valued at $75,000 or less to use a small estate affidavit.Tex. Est. Code §§ 205.001/205.006 (small estate), 256.003 (4-year will filing deadline), 257.001 (muniment of title), 305.101 (bond), 308.051 (publication), 352.002 (executor commission; cash-flow base with § 352.002(b) exclusions and 5% gross-FMV cap), 352.051 (attorney fees), 355.001 (general claim presentment), 355.060 (121-day claim bar), 401.001-401.003 (independent administration); re-verified 2026-05-27 against statutes.capitol.texas.govVerified May 27, 2026 The waiting period is 30 days after death. This avoids the need for formal probate and significantly reduces time and cost.

Texas allows executors to receive reasonable compensation.Tex. Est. Code § 352.002 (5% commission on cash receipts/disbursements under § 352.002(a); excludes funds on hand/in financial institutions at death, life insurance, and cash distributions to heirs per § 352.002(b); aggregate cap of 5% of gross FMV). Calculator estimates effective compensation on the gross estate at 2–4% (industry-typical); statutory rate is not applied directly because the cash-flow base is not collected here.Verified May 27, 2026 Typical executor fees range from 2% to 4% of estate value. Executors can waive their fee entirely or accept a reduced amount. See a detailed breakdown with the Texas executor fee calculator.

Probate costs in Texas include court filing fees, attorney fees, executor compensation, publication costs, and potentially a surety bond. Total costs generally range from 3-8% of the estate value depending on complexity. The Texas probate calculator provides a detailed cost estimate based on estate value.

Executor Duties in Texas

Probate in Texas begins with filing the will and a petition with the court. The initial filing fee is $360Tex. Loc. Gov't Code §§ 133.151, 135.102; SB 41 (87th Leg., eff. 1/1/2022)Verified May 27, 2026. After appointment, the executor receives letters testamentary granting legal authority to manage estate affairs.

Creditors in Texas have 4 monthsTex. Est. Code § 355.060 (121-day bar triggered by optional § 308.054 notice); § 355.001 (no fixed deadline without such notice)Verified May 27, 2026 to file claims after notice is published. The executor must publish notice in a local newspaper and send direct notice to known creditors. For smaller estates under $75,000Tex. Est. Code § 205.001/205.006Verified May 27, 2026, simplified procedures may be available that bypass formal probate.

Texas allows reasonable compensation for executors, typically 2%Tex. Est. Code § 352.002 (5% commission on cash receipts/disbursements under § 352.002(a); excludes funds on hand/in financial institutions at death, life insurance, and cash distributions to heirs per § 352.002(b); aggregate cap of 5% of gross FMV). Calculator estimates effective compensation on the gross estate at 2–4% (industry-typical); statutory rate is not applied directly because the cash-flow base is not collected here.Verified May 27, 2026 to 4%Tex. Est. Code § 352.002 (5% commission on cash receipts/disbursements under § 352.002(a); excludes funds on hand/in financial institutions at death, life insurance, and cash distributions to heirs per § 352.002(b); aggregate cap of 5% of gross FMV). Calculator estimates effective compensation on the gross estate at 2–4% (industry-typical); statutory rate is not applied directly because the cash-flow base is not collected here.Verified May 27, 2026 of estate value. Executors can waive their fee or negotiate a different amount. See the executor fee calculator for a breakdown.

Simple estates in Texas typically close in 4 monthsTex. Est. Code §§ 205.001/205.006Verified May 27, 2026 from the date of filing. Estates held in a revocable living trust skip probate entirely — the successor trustee handles distribution privately in weeks. The creditor claims guide covers notification deadlines for estates that do go through probate.

SimplyTrustSimplyTrust Editorial·Updated May 27, 2026

Legal Sources

  • Tex. Est. Code § 205.001/205.006
  • Tex. Est. Code § 352.002 (5% commission on cash receipts/disbursements under § 352.002(a); excludes funds on hand/in financial institutions at death, life insurance, and cash distributions to heirs per § 352.002(b); aggregate cap of 5% of gross FMV). Calculator estimates effective compensation on the gross estate at 2–4% (industry-typical); statutory rate is not applied directly because the cash-flow base is not collected here.
  • Tex. Est. Code § 355.060 (121-day bar triggered by optional § 308.054 notice); § 355.001 (no fixed deadline without such notice)
  • Tex. Est. Code §§ 205.001/205.006
  • Tex. Loc. Gov't Code §§ 133.151, 135.102; SB 41 (87th Leg., eff. 1/1/2022)

Data sourced from Texas statutes and official state code. How we research.

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Texas Estate Planning Resources

In-depth guides covering Texas probate laws, trust requirements, and estate planning strategies.

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