Texas Executor Checklist: Duties, Deadlines, and Key Forms

Being named executor in a Texas will is a serious fiduciary responsibility — you are legally accountable to the beneficiaries for how you handle the estate. Texas law imposes strict deadlines on executors, and missing them can expose you to personal liability. Here is a chronological checklist of what needs to happen and when.

Before the Court Hearing

Locate and safeguard the will. The original, signed will must be filed with the county probate court. Texas law requires this within four years of the date of death. Do not wait — file as soon as possible. The county clerk will note the date the will was presented.

Secure the estate's physical assets. Before formal authority is granted, take steps to protect the property: lock the residence, secure vehicles, and ensure insurance coverage remains in place. Do not distribute, sell, or give away any property before the court grants you authority.

Obtain certified copies of the death certificate. Texas DSHS charges $20 for the first certified copy and $3 for each additional copy ordered simultaneously. Order at least 8 to 10 — possibly more for complex estates. You will need individual copies for banks, the DMV, life insurance companies, real estate transactions, and more. Funeral directors have direct access to the Texas Electronic Registrar and can typically obtain initial copies faster than going through the DSHS portal yourself.

File the probate application. File in the county where the deceased was domiciled. Base filing fees run approximately $360 in Harris and Dallas counties, $382 in Travis County. After filing, the court posts a two-week public notice, then holds a hearing to admit the will and appoint you as executor.

Within 20 Days of Your Appointment

File your oath of office. Texas Estates Code requires the executor to file an oath of office with the county clerk within 20 days of the court's order. If the will did not waive a fiduciary bond and the court orders one, the bond must also be filed within this 20-day window. Until you file the oath, you are not formally "qualified" and cannot order Letters Testamentary.

Order your Letters Testamentary. Once qualified, request certified copies of Letters Testamentary from the clerk. These are your proof of authority. Order multiple copies — banks, brokerages, and real estate offices each keep the copy you give them.

Within One Month of Receiving Letters

Publish notice to creditors. Texas Estates Code requires the executor to publish a notice to all unsecured creditors in a newspaper of general circulation in the county where Letters were issued. After publication, file the publisher's affidavit with the probate clerk.

Notify the Texas Comptroller. If the deceased owed or should have owed state taxes, you must notify the Texas Comptroller of Public Accounts within one month of receiving Letters. Under Senate Bill 1373, this notice must be sent via a "qualified delivery method" — generally certified mail with tracking — to P.O. Box 12019, Austin, Texas 78711-2019. Failure to provide this notice on time can expose you to personal liability for any tax obligations.

Open the estate bank account. Obtain an EIN from the IRS for the estate (available instantly at irs.gov) and open a dedicated estate checking account. All estate income goes into this account; all estate expenses are paid from it. Never commingle estate funds with your personal money.

Within Two Months of Receiving Letters

Send notice to secured creditors. Known secured creditors — mortgage lenders, vehicle lenders, and anyone else with a lien on estate assets — must receive written notice via a qualified delivery method within two months.

Inventory all estate assets. Create a comprehensive list of everything in the estate: real property, bank accounts, investment accounts, vehicles, personal property, business interests, and any amounts owed to the estate. Assign approximate values to each. This work feeds directly into the required inventory filing.

Within 90 Days of Qualification: The Inventory Deadline

This is the most critical statutory deadline for Texas executors.

File the Inventory, Appraisement, and List of Claims. Texas Estates Code requires independent executors to file a verified Inventory, Appraisement, and List of Claims with the probate court within 90 days of the date the executor was formally qualified. The inventory must list every asset of the estate with its appraised value, and every known debt and claim against the estate.

Missing this deadline without court approval triggers a $25 late fee and can invite scrutiny from beneficiaries or the court.

Alternative: Affidavit in Lieu of Inventory (Texas Estates Code § 309.056)

Texas Estates Code Section 309.056 allows an independent executor to skip the public inventory filing entirely by filing an Affidavit in Lieu of Inventory instead. This is a significant privacy protection — the inventory is a public court record, meaning the estate's assets and values become accessible to anyone who searches the court records. The affidavit substitutes a sworn statement that keeps those details out of the public file.

To use the Affidavit in Lieu of Inventory, two conditions must be met:

1. All debts of the estate (other than secured debts like mortgages) have been paid or will be paid from the assets of the estate.
2. Each beneficiary or distributee of the estate has received a copy of the inventory — or alternatively, each beneficiary has signed a document waiving the right to receive a copy.

The executor still prepares the full inventory; it just is not filed with the court. Instead, the affidavit is filed, confirming that the inventory was prepared and shared with beneficiaries as required.

This option is not available for dependent administrations or for estates with unresolved unsecured debts.

Ongoing: Creditor Claims Management

After publishing the notice to creditors, unsecured creditors have a limited period to present their claims to the estate. Texas law gives you the option to send permissive notice directly to specific unsecured creditors via qualified delivery. If you do, those creditors have only four months from receipt of that notice to present their claim — after which it is permanently barred. This is a strategic tool for accelerating the settlement timeline.

Pay creditors in the order established by Texas Estates Code Section 355.102:

1. Funeral expenses and last illness expenses (up to $15,000 each)
2. Family allowance and allowances in lieu of homestead and exempt property
3. Secured claims with liens on estate property
4. Federal taxes
5. State and local taxes
6. Other claims (including unsecured credit card debt and medical bills)

Do not pay lower-priority claims before higher-priority claims are satisfied. Personal liability can follow an executor who distributes estate funds in the wrong order.

Distribution to Beneficiaries

Once all debts, taxes, and administration expenses are paid, distribute the remaining assets according to the will. Get signed receipts from each beneficiary acknowledging what they received. These receipts protect you if any heir later claims they did not receive their full share.

After distribution is complete and the estate is wound up, the executor's duties end. Filing a formal closing report with the court is not always required in an independent administration, but it is good practice.

The Texas Estate Settlement Guide at /us/texas/estate-settlement/ provides the full sequence of executor duties in chronological order, with the specific Texas statutory citations, forms, and deadline tracking tools to help you manage the estate without missing a step.

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