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Named executors do not always suit the role

On Behalf of | Aug 7, 2019 | Probate & Estate Administration |

When a deceased individual’s estate needs closing, someone needs to be in charge of the process. This person is typically referred to as an executor or an estate administrator, and hopefully, the decedent will have appointed someone to this role in his or her will. Of course, not everyone takes that planning route.

Now that your loved one has passed, you may have concerns about who will act as the executor. There are different ways in which a person could be appointed, and naming an individual in one’s will is only one example. Other actions may be necessary if the person did not have a will or if other extenuating circumstances apply.

Court involvement

If your loved one died without a will, the court will determine who will act as the executor or administrator of the estate. If you wish to take on this role, you could file a petition with the court, but commonly, there is an order that courts will follow when choosing someone for the position.

That order usually starts with the surviving spouse, but if there is no surviving spouse or if he or she cannot take on the role, the decedent’s children will be next in line. If for some reason a child cannot act as executor, the next candidates would be parents, siblings, other relatives and, lastly, other interested parties.

Needing a new executor

Even if your loved one did name an executor, there is no guarantee that the court will approve that person to take on the role. Texas state laws could play a role in determining whether a person is qualified to act as an executor, and if the person does not qualify, another individual will need to take on the position.

Another reason that a new executor could be needed is if the current executor does not handle the role properly. For instance, an executor could breach his or her fiduciary duty by mismanaging the estate or otherwise not suiting the position.

Are you interested in being an executor?

If you think that you would suit the role of executor or believe that there are issues with the current estate executor, you could face complications. Gaining approval from the court to act as the executor or to remove a current executor can prove tricky. It may be useful for you to consult with an attorney regarding this type of situation.