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

One of the most misunderstood roles in estate law is that of the executor. People often assume that an executor has full authority to manage and distribute an estate however they see fit. But under Texas law, this is far from the truth—especially when it comes to modifying the will.

If you’re wondering, “Can an executor change a will in Texas?”, the short answer is: No, not legally. An executor must follow the terms of the will exactly as written.

At The Lange Firm, we help families across Texas navigate the probate process, enforce the rights of beneficiaries, and ensure that executors follow the law. Whether you’re named as an executor or you’re a beneficiary with concerns, this guide will clarify what executors can—and cannot—do during probate.

What Is an Executor?

An executor is the person named in a will to carry out the deceased’s final wishes. Once appointed by a Texas probate court, the executor has a fiduciary duty to:

• Gather and inventory assets

• Notify creditors and pay valid debts

• File taxes

• Distribute assets according to the will

Executors hold significant power, but that power is not absolute—and it does not include the ability to rewrite or override the will.

Can an Executor Change a Will?

❌ No, an Executor Cannot Change the Will

Once a person dies, their will becomes a binding legal document. The executor’s job is to follow the instructions—not to revise them.

An executor cannot:

• Add or remove beneficiaries

• Change who receives what

• Modify asset distribution

• Reinterpret the will to suit personal opinions

• Favor one heir over another

Doing so would violate their fiduciary duty and could result in legal consequences, including removal or even lawsuits from beneficiaries.

What If the Will Is Unclear or Ambiguous?

Wills aren’t always perfectly worded. Sometimes, it’s unclear:

• Which asset goes to whom

• What a certain clause means

• Whether a gift includes just the principal or the income it produces

In these cases, the executor can’t make assumptions. Instead, they must:

• Consult with a probate attorney

• Possibly request a court ruling (called a “declaratory judgment”)

• Follow the interpretation set by the judge

The Lange Firm helps executors avoid missteps by offering professional legal interpretation and guidance.

Can the Executor Distribute Assets Differently If All Heirs Agree?

Sometimes, beneficiaries may wish to alter the terms of the will by mutual agreement. For example, siblings may choose to sell an inherited home and divide the proceeds evenly rather than one child keeping the home.

While the executor can’t change the will unilaterally, a family settlement agreement can be used when:

• All parties are of legal age and consent

• The changes don’t harm creditors or violate state law

• The agreement is in writing and signed by all parties

The Lange Firm can draft these agreements to ensure legality and avoid future disputes.

What Happens If the Executor Ignores the Will?

An executor who disregards or violates the terms of the will may be:

• Removed by the court

• Held personally liable for damages

• Ordered to repay beneficiaries for any misallocated funds

Warning signs include:

• Delays in communication

• Refusal to share copies of the will or accounting

• Unexplained asset transfers

• Preferential treatment of certain beneficiaries

If you’re a beneficiary and suspect executor misconduct, The Lange Firm can help you take action.

Can an Executor Change the Will If the Will Is Invalid?

No—but if the will is legally invalid, then it has no authority to begin with.

Grounds for invalidity include:

• Lack of capacity (the testator wasn’t of sound mind)

• Undue influence

• Improper execution (not signed or witnessed correctly)

• Forgery or fraud

In these cases, the estate would be distributed according to Texas intestacy laws—not at the executor’s discretion.

Can an Executor Choose Not to Probate the Will?

While an executor may delay or neglect to initiate probate, they cannot legally ignore their duties without consequences. Failing to probate the will can lead to:

• Asset freezes

• Legal challenges from heirs

• Appointment of a new administrator

In Texas, wills must typically be probated within four years of the testator’s death.

If you’re a named executor and unsure of how to proceed, The Lange Firm can handle probate on your behalf—efficiently and in full compliance with Texas law.

The Role of the Court in Enforcing the Will

Texas probate courts are responsible for:

• Admitting wills to probate

• Approving executor appointments

• Resolving beneficiary disputes

• Interpreting ambiguous language

• Removing executors who breach their duties

Executors must always act in good faith, and if a conflict arises, the court—not the executor—has final authority.

What Can You Do If You Disagree With the Will’s Terms?

If you’re a beneficiary who believes the will is unfair or invalid, you may consider:

• Filing a will contest

• Investigating undue influence

• Reviewing the will’s execution details

• Examining recent changes to the will

But this must be done promptly. Texas law limits contests to two years from the date of probate.

If you need help evaluating the strength of a will contest, The Lange Firm offers confidential consultations and dispute resolution strategies.

Final Thoughts: Can an Executor Change a Will?

Under Texas law, an executor’s role is to carry out the will—not rewrite it. While certain terms may be open to interpretation, the executor cannot add, remove, or alter what the testator intended.

Executors who overstep their bounds risk legal consequences and emotional conflict within families.

📞 Contact The Lange Firm today if you’re navigating probate—whether you’re serving as executor or protecting your inheritance rights. We’ll help ensure the process is fair, lawful, and in line with your loved one’s final wishes.