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Administrator of Estate vs. Executor: Key Differences in Texas Probate

When someone passes away, their estate—everything they own—must be managed and distributed. This process, known as probate, involves appointing someone to handle legal and financial matters. In Texas, that person is either an executor or an administrator of the estate, depending on whether the deceased left a valid will.

Understanding the difference between these two roles is essential for surviving family members, especially if you’re named in a will or expected to take on estate duties.

What Is an Executor?

An executor is a person named in a will to carry out the instructions outlined by the deceased. This individual is responsible for managing the probate process, paying off debts, and distributing assets to beneficiaries.

Key Duties of an Executor in Texas:

• File the will with the local probate court
• Notify beneficiaries and creditors
• Inventory and appraise estate assets
• Pay debts, taxes, and expenses
• Distribute remaining assets according to the will
• Close the estate

✅ Important: The executor has a fiduciary duty—meaning they must act in the best interest of the estate and its beneficiaries.

What Is an Administrator of Estate?

An administrator is appointed by the court when there is no valid will or if the named executor is unable or unwilling to serve. This role is nearly identical to that of an executor, except it’s guided by Texas intestacy laws, not a will.

When Is an Administrator Appointed?

• The deceased died intestate (without a will)
• The will does not name an executor
• The named executor is deceased or disqualified
• There’s a dispute over who should serve

The court will typically appoint a surviving spouse, adult child, or another close relative.

Administrator vs. Executor: At a Glance

How Texas Handles Estate Administration

Texas offers two main types of estate administration:

✅ Independent Administration (Most Common)

• Requires minimal court supervision
• Often used when a valid will exists or all heirs agree
• Reduces cost and speeds up probate

✅ Dependent Administration

• Requires frequent court involvement and approvals
• More expensive and time-consuming
• Usually applied when there is no will or disputes among heirs

An executor can usually serve under independent administration. An administrator may be required to serve under dependent administration unless the court allows otherwise.

Who Can Be an Executor or Administrator in Texas?

Texas requires that the person:

• Be at least 18 years old
• Be of sound mind
• Not have a felony conviction
• Not be found unsuitable by the court

You do not need to be a resident of Texas, but out-of-state executors may have to appoint a local agent.

✅ Tip: It’s wise to name an alternate executor in your will, in case the first choice can’t serve.

What Happens If No One Wants to Serve?

If no qualified or willing executor or administrator can be found:

• The court may appoint a public administrator
• This is usually a neutral third party or attorney
• Fees will be paid from the estate

How Are Executors and Administrators Paid?

Under the Texas Estates Code, both executors and administrators are entitled to reasonable compensation:

• Standard fee is 5% of the estate’s transactions, but courts may adjust
• Larger or more complex estates may justify higher fees
• Compensation can be waived if the person chooses

What If There’s a Dispute?

Disputes often arise in cases with:

• Multiple potential administrators
• Questions about the will’s validity
• Accusations of mismanagement

In these cases, the court may:

• Appoint a temporary administrator
• Hold a hearing to resolve the dispute
• Appoint a neutral third-party executor

Having a properly drafted will and selecting the right executor ahead of time can help prevent conflict.

Estate Planning Tip: Always Name an Executor

If you’re creating an estate plan, naming a trustworthy executor is one of the most important decisions you can make. Choose someone:

• Who understands your wishes
• Who is organized and responsible
• Who can handle financial and legal tasks
• Who won’t be overwhelmed emotionally

Also, let your executor know where to find your important documents—especially your will.

The Lange Firm Can Help

At The Lange Firm in Sugar Land, Texas, we help families across the state with every step of the probate and estate planning process. Whether you’re naming an executor or have been appointed as an administrator, we offer the guidance and legal support you need.

Final Thoughts

While the executor and administrator roles are similar, the key difference lies in whether a will exists. Executors follow the deceased’s instructions; administrators follow the law. Both play a vital role in settling estates and ensuring assets are distributed fairly.

By working with an experienced probate attorney, you can ensure the process goes smoothly—whether you’re preparing your own estate plan or handling a loved one’s affairs.