Selecting Executors and Trustees for Your Estate

Why choosing the right fiduciaries matters

Documents alone don’t make a plan work—people do. Your executor and trustee will implement your wishes, pay debts, distribute assets, and communicate with your beneficiaries. Selecting individuals who are trustworthy, organized, and emotionally steady is one of the most important steps in estate planning.

The legal roles defined

• Executor: Carries out the instructions in your will, gathers assets, pays debts, files taxes, and distributes inheritances. The executor’s job is usually temporary and ends when the estate closes.
• Trustee: Manages assets held in a trust, often for a longer period—especially when assets are left for minors, special-needs beneficiaries, or ongoing distributions.
• Agent under power of attorney: Handles finances or healthcare decisions while you’re alive but incapacitated. Though separate, this role often overlaps in skillset and trust level.

Before naming anyone, read Avoiding Common Estate Planning Mistakes for guidance on what can go wrong when executors or trustees are poorly chosen.

Qualities of an effective executor or trustee

• Integrity: The single most important trait. The person must act solely in the beneficiaries’ best interests, even when tempted or pressured otherwise.
• Organization and follow-through: Estate administration involves deadlines, forms, and meticulous records. Choose someone who finishes what they start.
• Financial sense: Fiduciaries don’t need to be experts, but they should understand budgets, taxes, and investments—or know when to hire help.
• Communication skills: The executor must keep beneficiaries informed and defuse tensions.
• Availability: Someone too busy or far away may not be the best choice, even if they’re close to you emotionally.

When to consider a professional

Some families benefit from appointing a corporate or professional fiduciary—such as a bank trust department or licensed trustee. Professionals charge fees, but they bring neutrality, consistency, and experience. This can reduce family friction when money or emotions run high.

If you own a business or significant property, see Understanding Business Law for how business entities and succession planning affect fiduciary selection.

Texas-specific considerations

Texas allows an independent administration if your will authorizes it. This gives the executor more autonomy and less court supervision, speeding the process and reducing costs. If you omit that language, the court may require formal approval for many actions. Ensure your will explicitly grants independent authority.

Trustees, on the other hand, must follow the Texas Trust Code and act as prudent investors. They must provide annual accountings and treat beneficiaries impartially.

Backup appointments are essential

Always name at least one alternate executor and trustee. Life changes—people move, fall ill, or die before you. Without alternates, the court may appoint someone you never intended. If your backup list is long or complex, you can state an order of priority rather than naming every possible person individually.

How to discuss your choice with family

Transparency prevents misunderstandings later. You can share your reasoning privately with key family members or include a letter of intent explaining your values and wishes. This is not legally binding, but it provides context that written documents can’t capture.

When family conflict is possible, consider a neutral professional or co-fiduciary arrangement—one family member paired with a CPA, attorney, or institutional trustee. The co-trustee model balances familiarity with accountability.

Reviewing and updating your choices

As circumstances change, revisit your selections. The right person at age 40 may not be ideal at 70. Review appointments every few years or when relationships evolve. We cover the process of keeping plans current in Maintaining an Estate Plan Over Time.

When probate becomes smoother

Even with perfect planning, Texas probate may still be required. With a reliable executor and well-drafted will, the process is often efficient. For practical insight, see 10 Unexpected Probate Issues.

Next in this series

The final article in this series explores maintaining your plan over time—how to keep documents synchronized with life changes, laws, and family dynamics. If it shows “Coming soon,” it will update automatically once live. Return to the Series Hub for the complete collection.

Talk with an experienced Texas estate planning attorney

Brown Law PLLC helps clients select the right fiduciaries and avoid conflicts that can stall administration. Contact our Houston office to discuss how to build a plan that works smoothly for your family.

FAQs

Can my executor also be my trustee?

Yes, but consider the scope and duration. Executors serve temporarily; trustees may act for years. One person can do both if organized and trustworthy.

Can a beneficiary be a trustee?

Yes, but potential conflicts should be managed carefully. Many trusts include language limiting a beneficiary-trustee’s discretion for fairness.

What happens if my chosen executor refuses to serve?

Your named alternate will step in. If none is listed, the court appoints one, which may add delay and cost—so always name backups.