A Last Will and Testament governs how an individual’s assets are distributed after death. It also designates who will manage the process. The person in charge of managing an estate is either an executor or an administrator, depending on whether a valid will exists.
Overview of the Probate Process
Probate is the legal process of settling a person’s estate after death. During probate in Houston, the court validates the will (if one exists) and designates a personal representative to carry out the instructions within the will.
A personal representative is called an executor when named in a will or an administrator when no will exists.
Both roles involve similar duties, including:
- Locating and securing estate assets
- Notifying creditors and paying valid debts
- Filing required court documents
- Managing estate accounts
- Distributing property to beneficiaries or heirs
The main difference lies in how the person is chosen and the authority they have under Texas law.
You Appoint an Executor Through Your Will
An executor is the individual you name in your Last Will and Testament to manage your estate after you pass away. This is one of the most important decisions in estate planning.
By appointing an executor, you:
- Maintain control over who handles your affairs
- Reduce the likelihood of family disputes
- Speed up the probate process
- Ensure your wishes are followed accurately
Executors are often trusted family members, close friends, or attorneys/professional fiduciaries.
In Texas, executors are often independent, meaning they administer the estate with minimal court supervision. This arrangement can save time, reduce legal costs, and provide greater privacy for your family. However, the executor may need court approval for certain distributions and/or to wind down the estate.
The Probate Court Appoints an Administrator in the Absence of a Will
If a person dies without a valid will, they are considered to have died intestate. That means Texas intestacy laws determine who inherits your property, which may or may not be what you would have chosen. In these cases, the probate court appoints an administrator to handle the estate.
Administrators are typically:
- A surviving spouse
- An adult child
- Another close relative
- Or a neutral third party
Unlike executors, administrators must obtain court approval for many actions, including selling property or distributing assets. Court involvement can make the process more time-consuming and costly. Court-appointed administrators must also post a bond in many situations, creating an additional expense for the estate.
In these cases, family conflicts are more likely (since intestate rules govern distributions), and the estate may remain open longer (due to increased court involvement and approval requirements).
Contact an Experienced Houston Estate Planning Lawyer for Help With Your Will
Naming an executor in a will ensures your estate is managed in accordance with your preferences. A well-crafted will spares your loved ones unnecessary stress and provides greater privacy throughout the probate process.
At Porter Law Firm, a Houston estate planning lawyer can help you:
- Draft a legally valid will
- Select a qualified executor
- Structure your estate to minimize delays and expenses
- Coordinate your will with trusts and beneficiary designations
Taking the time to name an executor now can make a meaningful difference later. If you are considering creating a will, contact us today to discuss your options. We offer confidential consultations to help you explore the estate planning process.