In Texas estate administration, a successor executor is a designated backup to manage an estate if the original executor cannot serve. This ensures the decedent’s affairs are handled without interruption according to their will. The successor assumes the same legal responsibilities as the original executor, providing continuity in the estate settlement process.
When a Successor Executor is Needed in Texas
A successor executor is needed when the primary executor cannot fulfill their duties. This can happen if the named executor dies, either before the will-maker or during the estate’s administration. An executor may also voluntarily resign by filing a written application and a final accounting with the probate court for approval.1Texas.Public.Law. Texas Estates Code Section 361.001 – Resignation Application
A court can order an executor’s removal for several reasons, including:2Justia Law. Texas Estates Code Section 404.0035 (2024) – Removal of Independent Executor With Notice
- Gross misconduct or mismanagement of estate assets
- Embezzlement
- Becoming incapacitated or being sentenced to the penitentiary
- Developing a conflict of interest
A successor is also required if the person named in the will fails to qualify, such as being a minor or otherwise legally disqualified.
Appointing a Successor Executor in Texas
The most direct way to appoint a successor executor is by naming them in a will. The person creating the will, the testator, can list one or more successors in a specific order of preference. This ensures the testator’s choice manages the estate if the primary executor cannot, which can prevent disputes and court intervention.
If a will does not name a successor, the probate court will appoint one. An interested person, like a beneficiary or creditor, can file an application with the court to begin this process. The court selects a representative based on a statutory order of preference:
- The surviving spouse
- The principal beneficiary of the estate
- Any other beneficiary
- The decedent’s next of kin
- A creditor of the estate
- Any other person of good character
To qualify as an executor in Texas, an individual must be an adult of sound mind and not have an unpardoned felony conviction. A non-resident can serve but must appoint a resident agent in Texas to accept legal service for the estate.3Texas.Public.Law. Texas Estates Code Section 304.003 – Persons Disqualified to Serve as Executor or Administrator The court can disqualify anyone it finds unsuitable.
Duties of a Texas Successor Executor
A successor executor assumes all the rights and responsibilities of the original executor.4Texas.Public.Law. Texas Estates Code Section 361.154 – Successor Executor Also Succeeds to Prior Rights and Duties To formally qualify, they must take an oath of office and post a bond if required by the will or court.5Texas.Public.Law. Texas Estates Code Section 305.051 – Oath or Declaration of Executor or Administrator with Will Annexed A bond is an insurance policy that protects the estate.
The successor acts as a fiduciary, meaning they must act in the best interests of the estate. Their duties include gathering all estate assets and filing a detailed inventory, appraisement, and list of claims with the court within 90 days of qualifying.6Texas.Public.Law. Texas Estates Code Section 309.051 – Inventory and Appraisement They are also responsible for managing property, paying the decedent’s valid debts and taxes, and distributing the remaining assets to the beneficiaries as directed by the will.
Proceeding Without a Named Successor Executor
If a will is probated but no named executor or successor can serve, the estate is not left without a representative. The court will appoint an “administrator with will annexed,” also known as an administrator C.T.A. (cum testamento annexo).7Texas.Public.Law. Texas Estates Code Section 361.152 – Further Administration with or Without Notice or Will Annexed This court-appointed individual is granted the authority to administer the estate according to the will’s directions, performing the same duties an executor would.