Baton Rouge, LA asked in Probate for Texas

Q: All of the heirs to my Father's estate are listed on the Will, but not as an executor, what does this mean?

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3 Lawyer Answers
Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: The beneficiaries are people who inherit after all the debts are paid.

The executor is the person who gathers the property, pays the debts and distributes the rest according to the Will.

Tammy Lyn Wincott
Tammy Lyn Wincott
Answered
  • Probate Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: There is only one executor or co-executors and the heirs listed are most likely beneficiaries under the will. You will need to look carefully to see what section they are listed under.

John Wesley Urquhart
John Wesley Urquhart
Answered
  • Probate Lawyer
  • Conroe, TX
  • Licensed in Texas

A: I'm sorry for your loss.

When no executor is named the court may allow an independent administrator. If all the heirs agree, then the Court may appoint one or more of the heirs to be the administrator. The phrase "independent executor" includes an independent administrator.

The court may not allow independent administration by agreement if the procedure or the agreed personal representative would not be in the best interest of an incapacitated distributee. If the heirs do not agree on an administrator, the Court is likely to appoint a dependent administrator which is more time consuming and more expensive.

Whenever independent administration is created by agreement, service of citation and notice of the application is required on each distributee who does not waive citation or enter an appearance. The definition of distributee and the means of establishing consent are detailed.

I hope it all works out.

Ross F. Tew agrees with this answer

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