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What an Executor Cannot Do: Understanding the Limits of Executor Authority in Texas

Being named the executor of an estate is a serious responsibility. Executors are tasked with managing the estate of someone who has passed away—paying debts, distributing property, and ensuring the wishes in the will are honored. But while executors have significant authority, they are not all-powerful.

At The Lange Firm, we often help beneficiaries and family members understand what an executor can and cannot do during Texas probate. If you’re an executor—or an heir concerned about one’s actions—this guide outlines the key limits of executor authority.

What Is an Executor?

An executor (also called a personal representative) is the person appointed in a will and approved by the court to administer the estate of someone who has died.

Their primary responsibilities include:

• Collecting and protecting estate assets
  
  
• Notifying creditors and paying debts
  
  
• Filing required tax returns
  
  
• Distributing property to beneficiaries
  
  
• Closing the estate through the probate process
  
  

Executors must act in the best interest of the estate and its beneficiaries, following both the will and Texas law.

What an Executor Cannot Do in Texas

Despite having legal authority, executors have clear limits. Here are key things an executor cannot legally do:

❌ 1. Ignore the Will or Change Its Terms

Executors must follow the will exactly as written. They cannot:

• Add or remove beneficiaries
  
  
• Change how much someone inherits
  
  
• Redirect assets to someone else
  
  
• Make personal decisions that contradict the will’s language
  
  

🛑 Only a judge can interpret or invalidate parts of a will—not the executor.

❌ 2. Distribute Assets Before Paying Debts

Under Texas law, an executor must pay the estate’s debts and taxes first before distributing assets to heirs or beneficiaries.

If the executor gives out property or money too soon and creditors later make valid claims, the executor can be personally liable.

❌ 3. Favor Some Heirs Over Others

Executors must remain neutral and fair. They cannot:

• Prioritize one heir’s interests over another
  
  
• Delay distributions to some but not others
  
  
• Use estate funds to benefit themselves or family members
  
  

If this occurs, beneficiaries can petition the court to remove the executor.

❌ 4. Act Without Court Authority (In Dependent Administration)

In Texas, if the court requires dependent administration, the executor must get court permission before:

• Selling real estate
  
  
• Settling disputes
  
  
• Making certain distributions
  
  

Failing to get court approval can void transactions and expose the executor to legal action.

❌ 5. Withhold Information From Beneficiaries

Executors are required to:

• Notify beneficiaries
  
  
• Provide an inventory of assets
  
  
• Respond to reasonable requests for updates
  
  
• Share an accounting of estate finances
  
  

They cannot keep beneficiaries in the dark or refuse to answer questions. Doing so may lead to a court order—or removal.

❌ 6. Use Estate Assets for Personal Benefit

Executors cannot:

• Pay themselves more than allowed without court or will authorization
  
  
• Use estate property for personal use (like driving the decedent’s car)
  
  
• “Loan” money to themselves or friends
  
  
• Mix estate funds with their own money
  
  

These actions are considered self-dealing and may be criminal or civil breaches of fiduciary duty.

❌ 7. Neglect or Delay Administration

Executors are expected to act promptly and efficiently. They cannot:

• Let the estate sit for months or years
  
  
• Ignore deadlines for inventory, notice, or distributions
  
  
• Disregard court orders
  
  

If they do, a beneficiary can request an accounting or ask the court to force action—or appoint a new executor.

What If the Executor Is Doing Something Wrong?

If you believe an executor is:

• Mismanaging assets
  
  
• Hiding information
  
  
• Being dishonest
  
  
• Breaking their legal duties
  
  

…you have the right to take action. Options include:

• Demanding a formal accounting
  
  
• Filing a motion with the probate court
  
  
• Requesting the removal of the executor
  
  
• Suing for damages or breach of fiduciary duty
  
  

📞 The Lange Firm helps Texas families protect estates from mismanagement and hold executors accountable.

What Can Beneficiaries Do to Stay Informed?

Beneficiaries should:

• Request copies of the will and inventory
  
  
• Ask for periodic updates
  
  
• Keep written records of communications
  
  
• Consult a probate attorney if something feels off
  
  

Executors have a fiduciary duty to act in your best interest—you have every right to ask questions and expect transparency.

How The Lange Firm Supports Executors and Heirs

We help both sides of the probate process:

✅ For Executors:

• Guide you through probate step-by-step
  
  
• Ensure you follow the will and Texas law
  
  
• Prevent mistakes that could lead to legal trouble
  
  
• Help you prepare inventories, notices, and distributions
  
  
• Defend you against unfair challenges
  
  

✅ For Heirs and Beneficiaries:

• Review executor behavior for legal violations
  
  
• Demand court-ordered accountings
  
  
• File motions for removal or surcharge
  
  
• Recover mismanaged or misappropriated assets
  
  

Final Thoughts

So, what can an executor not do? They can’t change the will, misuse assets, favor one heir, or act in secrecy. They must follow Texas law, act fairly, and serve the estate—not themselves.

✅ If you’re an executor unsure of your limits, or a beneficiary worried about one’s actions, The Lange Firm is here to help.

📞 Contact us today for a consultation and ensure the estate is managed legally, transparently, and with respect.