Co-Executors in Texas Probate:
Managing Responsibilities and Avoiding Conflict
Texas co-executors share equal responsibility for administering an estate and must act jointly. Clear communication, task division, and legal guidance can help prevent disputes. If a co-executor fails to act, court intervention may be necessary.
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Introduction
Appointing more than one executor—also known as co-executors—can seem like a way to divide duties and prevent favoritism, but it can also introduce challenges during Texas probate. When managed well, co-executorship can be efficient and collaborative. When mishandled, it can cause costly delays, disputes, or legal interventions.
What Are Co-Executors?
Co-executors are two or more individuals appointed in a will to jointly administer a decedent’s estate. They share fiduciary duties and must act together in making decisions, signing documents, and managing estate affairs.
Core Duties of Co-Executors in Texas
Under Texas law, co-executors are responsible for:
- Notifying Heirs and Beneficiaries
- Gathering and Inventorying Assets
- Paying Debts and Taxes
- Managing Real Estate and Investments
- Distributing Assets
- Filing Court Documents and Final Accountings
Each executor has a duty to act in the best interest of the estate and cannot make unilateral decisions unless otherwise authorized by the court or the will.
Pros and Cons of Co-Executors
Pros:
- Shared workload and expertise
- Balanced family representation
- Built-in checks and accountability
Cons:
- Need for constant cooperation
- Risk of stalemates or disagreements
- Potential for court involvement to resolve disputes
F.A.Q
No, co-executors generally must act together unless the will specifically authorizes independent action.
They must work toward consensus, but if they reach an impasse, one can petition the probate court for resolution or removal of the other.
Yes, a co-executor can voluntarily resign by filing a written resignation with the probate court, which will then decide whether to appoint a replacement or allow the remaining executor to proceed alone.
How Co-Executors Can Work Together Effectively
1. Establish Clear Communication
Set expectations early. Decide who will handle specific responsibilities and agree on preferred communication methods.
2. Divide Duties, Not Authority
While certain tasks can be divided (e.g., one handling bills, the other managing documents), all major decisions typically require joint agreement and signatures.
3. Use Professional Help
Accountants, attorneys, and estate professionals can mediate disagreements and keep the process on track.
4. Document Every Decision
Maintain detailed records of decisions, correspondence, and expenses. This ensures transparency and protects both co-executors from liability.
5. Know When to Seek Court Intervention
If one co-executor refuses to cooperate or breaches their duties, the other may petition the probate court for removal or sole authority.
What If One Co-Executor Refuses to Act?
Texas courts have authority under the Estates Code to remove or replace a co-executor for:
- Mismanagement
- Conflict of interest
- Refusal to act
- Breach of fiduciary duty
To avoid this, many wills include language that allows one co-executor to continue without the other in case of disagreement or incapacitation.
Conclusion
Serving as co-executors in Texas requires mutual trust, constant communication, and a shared commitment to fulfilling legal duties. When roles and expectations are clearly defined, co-executorship can be an effective way to manage probate. If problems arise, courts and professionals can help executors avoid conflict and keep the estate on track.
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DISCLAIMER
Integrity Estate Consultants, LLC asserts that we are not a licensed lawyer, and this article is intended solely for providing general guidance and information from our collaborative experience, and should not be considered as legal advice or a substitute for consulting with a qualified attorney. For any specific legal grievances related to personal probate cases, we strongly advise individuals to seek professional legal counsel and engage the services of a licensed attorney.