Choosing an Executor in Texas- How to Appoint the Right Executor or Trustee in Texas

Stephanie Fernald
13 minutes ago
3 min read

Choosing an Executor in Texas- Not All Loved Ones Are Meant to Handle Your Estate

Choosing who will manage your estate — whether as an executor of your will or trustee of your trust — is one of the most critical (and most overlooked) decisions in estate planning.

At BC Robertson Law, we regularly help clients in Texas select the right people for the job. Because one wrong decision can delay distributions, create family conflict, or even land your estate in court.

This blog breaks down the differences between an executor and trustee, their legal responsibilities in Texas, and how to choose the right person to carry out your wishes.

What’s the Difference Between an Executor and a Trustee?

✅ Executor (Also called Personal Representative)

Appointed in your will
Takes control of your estate after you pass
Handles probate, pays debts, files taxes, and distributes assets
Role ends after the estate is settled (usually within 6–12 months)

✅ Trustee

Appointed in your revocable living trust
Manages assets held in the trust during your life, if you become incapacitated, and after your death
Can serve long-term (especially if managing assets for children or beneficiaries)
Has ongoing fiduciary duties

Think of the executor as the closer of your financial life. The trustee is often the manager who keeps things running — sometimes for years.

Why the Right Choice Matters when Choosing an Executor in Texas

These roles aren’t honorary — they’re legal positions with serious responsibilities.

A poor choice can lead to:

Delays in estate administration
Mismanagement of assets
Family conflict or lawsuits
Court intervention to remove or replace them

Qualities of a Good Executor or Trustee

Here’s what we recommend looking for in the person you choose:

✅ Trustworthy and honest – Integrity is non-negotiable

✅ Organized and detail-oriented – There's a lot of paperwork and deadlines

✅ Financially responsible – They'll manage your money, property, or even businesses

✅ Good communicator – They'll need to work with attorneys, beneficiaries, and courts

✅ Available and reliable – Will they be around and capable when the time comes?

💡 Pro Tip: Don’t assume your oldest child is the best option just because they’re the oldest. The role should go to the most capable person — not the person with the most seniority.

Should I Appoint a Family Member or a Professional?

This depends on the complexity of your estate and your family dynamics.

You might choose a family member or close friend if:

Your estate is simple
You trust them implicitly
They’re willing and able to take on the role

You might consider a professional fiduciary or attorney if:

Your estate is complex (businesses, multiple properties, large investments)
There’s likely to be family tension
You want someone neutral to follow your instructions to the letter

At BC Robertson Law, we can serve as professional trustees or recommend trusted fiduciaries if needed.

Can I Name More Than One Person?

Yes — but proceed with caution.

You can appoint co-executors or co-trustees, but they must act jointly. This can lead to:

Slower decision-making
Disagreements and deadlocks
Complicated logistics if they live in different states

In most cases, we recommend naming one primary person, and then listing alternates or backups in case your first choice can’t serve.

What If I Change My Mind?

You can update your executor or trustee at any time, as long as you are of sound mind. We often revise estate plans when:

A relationship changes
Someone moves away
A person becomes ill or passes
A better candidate emerges

💡 Tip: Review your plan every 2–3 years or after major life events.

The Legal Side: What Documents Do I Need?

In Texas, your estate plan should clearly include:

Your Last Will and Testament naming your executor
Your Revocable Living Trust naming your trustee (if using a trust)
A Power of Attorney (for someone to act on your behalf during life)
A HIPAA authorization (to release medical info)

Our firm ensures these documents are customized to your situation and legally valid in Texas.

Ready to Talk About Your Estate Plan?

At BC Robertson Law, we make estate planning simple, effective, and customized to fit your family’s needs. Our $50 consultations are credited toward your plan if you move forward.