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Can an Executor Change a Will in Texas? Understanding the Limits of Executor Authority

If you’re the beneficiary of a will—or you’ve been named the executor—you might be wondering:
“Can an executor change a will?”
The simple answer is no. Under Texas law, an executor cannot change, rewrite, or alter a will after the person who created it (the testator) has passed away.

At The Lange Firm, we regularly help Texas families understand the probate process, the role of the executor, and what legal options are available if something seems off. In this blog, we explain why an executor can’t change a will, what they can do, and how to resolve conflicts if you think someone’s stepping out of bounds.

What Is an Executor?

An executor (also called a personal representative) is the person named in a will and appointed by the probate court to:

• Manage the estate
  
  
• Pay the deceased’s debts and taxes
  
  
• Protect and distribute assets
  
  
• Follow the instructions in the will
  
  

The executor has a fiduciary duty to act in the best interest of the estate and the beneficiaries—and to follow the will exactly as written.

Can an Executor Change a Will?

❌ No, an Executor Cannot Change a Will

The will is a legal document that becomes fixed upon the testator’s death. Once that person has passed away:

• The will cannot be amended, updated, or rewritten
  
  
• No changes can be made to who inherits what
  
  
• The executor must carry out the instructions in the will exactly
  
  

Even if the executor disagrees with the terms of the will or believes it’s unfair, they do not have the authority to change it.

What an Executor Can Do

While the executor can’t change the will, they do have the power to:

• Interpret unclear language in the will
  
  
• Make practical decisions for efficient estate administration
  
  
• Petition the court for guidance if there are ambiguities
  
  
• Settle debts, handle taxes, and manage real estate or business interests
  
  
• Handle creditor claims and estate disputes
  
  

They must always act within the bounds of the will and the law.

Common Misconceptions About Executor Authority

Let’s clear up some frequent misunderstandings:

❌ “The executor can decide who gets more or less.”

No. They must distribute property exactly as stated in the will.

❌ “The executor can add a new beneficiary.”

Absolutely not. Only the person who wrote the will could have done that—while alive.

❌ “The executor can delay or deny an inheritance.”

The executor can delay distribution for valid reasons (like resolving debts), but they can’t refuse to distribute property if the will says they must.

What If the Will Is Unfair or Outdated?

Wills are legally binding, even if they feel outdated or unfair. If the will is:

• Legally valid
  
  
• Signed and properly witnessed
  
  
• Created by a competent individual
  …then it will stand as written.
  
  

However, beneficiaries or other interested parties can contest the will if they believe it is:

• The result of fraud or forgery
  
  
• Signed under undue influence or coercion
  
  
• Created when the testator lacked mental capacity
  
  

✅ The Lange Firm handles will contests and defends both beneficiaries and executors in probate disputes.

Can All Beneficiaries Agree to Change a Will?

Technically, beneficiaries can agree to change the effect of the will through a process called a family settlement agreement.

This requires:

• All named beneficiaries to consent
  
  
• The agreement to be in writing
  
  
• Court approval in some cases
  
  

This is not the executor’s decision—it must be a mutual agreement among the heirs.

What Happens If an Executor Tries to Change the Will?

If an executor alters a will, ignores its instructions, or acts outside their authority, they could face:

• Removal by the probate court
  
  
• Personal liability for mismanaging the estate
  
  
• Legal action from heirs or creditors
  
  
• Fiduciary duty breach claims, which could result in financial penalties
  
  

📞 If you suspect an executor is acting improperly, The Lange Firm can help investigate and protect your inheritance.

How The Lange Firm Helps With Executor and Will Issues

We assist:

✅ Beneficiaries

• Ensure the executor follows the will
  
  
• File court motions to compel distributions
  
  
• Contest improper actions or delays
  
  
• Challenge or defend the validity of a will
  
  

✅ Executors

• Understand and carry out their duties correctly
  
  
• Avoid costly mistakes or disputes
  
  
• Navigate complex estate assets and probate court filings
  
  
• Comply with all legal and fiduciary obligations
  
  

Final Thoughts

So, can an executor change a will?
✅ No. They must follow it exactly as written and have no authority to rewrite, reassign, or modify the deceased’s wishes.

At The Lange Firm, we help Texas families make sure estates are handled properly, fairly, and legally—with or without conflict.

📞 Contact us today if you need help understanding an executor’s role, enforcing your inheritance rights, or managing an estate the right way