Being named the executor of an estate in Texas carries serious responsibilities. This person must gather assets, pay debts and distribute property to the correct parties.
While some feel honored to serve in this role, others may feel overwhelmed or simply unwilling. That is why Texas law allows a named executor to step aside.
How to decline the role
A person named in a will as executor does not have to accept the role. Texas law allows the named individual to formally refuse by filing a document called a “written declination” with the probate court. This step must happen early in the probate process, before taking on any duties. Once someone begins acting as executor by collecting property or contacting creditors, the court may see that person as having accepted the job.
What happens after refusal
If the named executor declines, the court will look to the will to see if it names a backup for the role. If there is one, the court can appoint that person to take over. If no backup exists or that person also refuses, the court will choose someone. This person could be a family member or someone else with an interest in the estate.
Why someone may want to step aside
Serving as executor can take months or even years. The work may involve handling taxes, selling property or dealing with family disagreements. If the named executor lives far away, faces health issues or lacks the time or knowledge to handle the duties, stepping aside may be the best option. Texas courts do not penalize someone for refusing the role, as long as the person follows the proper steps.
Before deciding to decline, it helps to understand what the job involves. In some cases, another family member may be more willing or better equipped to take on the role. Making that decision early helps prevent delays in the probate process. By stepping aside responsibly, the named person helps the estate move forward and allows the court to appoint someone else to complete the process.
