Being named executor of a will or appointed administrator of an estate is both an honor and a burden. You’re responsible for gathering assets, paying debts, filing tax returns, and distributing property—all while managing grieving beneficiaries and potentially difficult family dynamics. Most concerning, you can be held personally liable for mistakes, even honest ones. These pressures and the personal risk is real.
Some attorneys may view their client as “the estate” rather than the executor or administrator personally. With this view, they may focus on filing paperwork and closing the probate without adequately explaining the various duties, warning about liability risks, or providing practical guidance for day-to-day decisions. When beneficiaries complain or creditors make demands, it may be up to you to figure things out alone, potentially exposing you to surcharge actions or personal liability claims.
Note: The “Typical Local Attorney” column reflects what we’ve commonly observed in the Texas probate market. Individual attorneys may vary. We are not comparing our firm or attorneys to other attorneys, but rather noting our overservations from working in this area for some time.
| Fiduciary Guidance | Our Firm | Typical Local Attorney* |
|---|---|---|
| Initial Duty Explanation | Review of fiduciary obligations | Often just “sign here” approach |
| Written Guidance Materials | Detailed executor handbook and checklists | Rarely provide written guidance |
| Duty to Multiple Beneficiaries | Strategies for balancing competing interests | May not explain impartiality requirements |
| Investment and Asset Management | Guidance on prudent investor standards, referrals where needed | Often no investment instruction |
| Record-Keeping Requirements | Systems and templates for proper documentation | Usually no record-keeping help |
| Communication Obligations | Protocols for beneficiary updates | May not explain communication duties |
| Liability Prevention | Our Firm | Typical Local Attorney* |
|---|---|---|
| Risk Assessment | Early identification of high-risk situations, conversations | Often don’t discuss liability risks |
| Insurance Options | Advise on executor liability and sometimes even insurance | Rarely mention insurance options |
| Indemnification Strategies | Structure actions to minimize personal exposure, including seeking dependent admins or judicial closures | May not consider protection strategies |
| Beneficiary Releases | Prepare proper release documents | Often skip release procedures |
| Court Approval Process | Seek court protection for questionable decisions | May not suggest court guidance |
| Personal Asset Protection | Ensure your assets stay separate | Often don’t address commingling risks |
| Executor Support | Our Firm | Typical Local Attorney* |
|---|---|---|
| Availability for Questions | Responsive support for time sensitive decisions | May be hard to reach between hearings |
| Vendor and Professional Coordination | Can make referrals to other estate professionals, such as estate sale companies | Leave executor to find own help |
| Property Management | Guidance on maintaining estate assets | Often no property management advice |
| Business Operation Decisions | Support for running estate businesses, including drafting business documents, compliance, etc. | Rarely help with business operations |
| Family Conflict Management | Strategies for difficult beneficiaries | May say “that’s your problem” |
| Expense Reimbursement | Guidance on proper reimbursement | Often unclear on allowed expenses |
| Financial Duties | Our Firm | Typical Local Attorney* |
|---|---|---|
| Asset Valuation | Coordinate appraisals and valuations | Leave executor to handle alone |
| Debt Priority | Explain payment priorities and procedures | May not clarify creditor priorities |
| Tax Return Obligations | Checklist of all required tax filings, and can assist with tax matters | Often miss tax requirements |
| Estate Accounting | Prepare accountings and assist with them | Rarely help with accounting |
| Distribution Planning | Strategic approach to distributions | May rush to distribute |
| Final Documentation | Prepare comprehensive closing documents | Often minimal documentation |
While we handle the estate’s legal needs, we never forget that you’re the one with personal liability exposure. Every piece of advice considers both what’s best for the estate and what protects you personally. We help you make decisions that fulfill your duties while documenting your reasonable business judgment.
Rather than waiting for problems to arise, we identify potential liability areas early and implement protective strategies. From proper notices to detailed record-keeping to strategic court filings, we build a defensive wall around your actions as executor.
Legal duties are one thing—knowing what to do Monday morning is another. We provide practical guidance for real-world situations: what to do with the house, how to handle demanding beneficiaries, when to sell securities, how to deal with estate bills. You get clear, actionable advice, not just legal theory.
| Common Mistakes | Our Prevention Strategy | Typical Result Without Guidance* |
|---|---|---|
| Commingling Assets | Separate accounts and clear documentation | Personal liability for losses |
| Preferential Treatment | Structured equality protocols | Beneficiary lawsuits |
| Delayed Administration | Timeline management and deadline tracking | Surcharge for damages |
| Improper Investments | Prudent investor compliance | Liability for investment losses |
| Missing Tax Deadlines | Comprehensive tax calendar | Personal liability for penalties |
| Inadequate Insurance | Property and liability review | Personal exposure for losses |
| Poor Record-Keeping | Document management system | Cannot defend actions |
| Unauthorized Expenses | Pre-approval protocols | Personal reimbursement liability |
| High-Risk Scenarios | Our Approach | Typical Local Attorney* |
|---|---|---|
| Family Business Operations | Daily decision support and documentation | Often no business guidance |
| Minor Beneficiaries | Trust creation and court approval | May miss minor protection requirements |
| Contested Estates | Defense strategy and documentation | Leave executor to handle disputes |
| Insolvent Estates | Creditor negotiation and priority management | May not understand insolvency rules |
| Special Needs Beneficiaries | Preservation of government benefits | Often unaware of benefit issues |
| Environmental Liabilities | Assessment and remediation strategies | Rarely consider environmental risks |
*Based on common market observations. Individual attorneys may differ.
You’re entitled to reasonable compensation for your service, but many executors don’t understand their rights or feel guilty about taking fees. We help you understand Texas statutory compensation, what’s reasonable for the work involved, and how to document your time and efforts properly. We also explain when you might want to waive compensation and when you absolutely should not.
Sometimes the best protection is getting the court’s blessing before acting. We help identify when you should seek court instruction rather than making independent decisions. This might include selling property below appraised value, dealing with conflicted transactions, or making distributions when beneficiaries disagree. Court approval can provide powerful protection against later challenges.
The best defense against liability claims is proper documentation from day one. We help you create contemporaneous records that explain your decisions, demonstrate your prudent judgment, and show your impartial administration. If challenges arise later, you’ll have the evidence needed to defend your actions.
The difference between basic probate filing and comprehensive executor representation becomes clear when problems arise. Without proper guidance, executors often make innocent mistakes that create personal liability. With experienced counsel focused on your protection, you can fulfill your duties confidently, knowing you’re both doing right by the estate and protecting yourself.
Don’t navigate the complexities and risks of estate administration alone. Whether you’ve just been named executor or you’re already dealing with estate challenges, we can provide the guidance and protection you need. Contact us today to discuss how we can help you fulfill your duties while safeguarding your personal interests.
