12 Costly Executor Mistakes in Texas Probate (Avoid These!)

Are you serving as an executor or administrator in Texas? Avoid these 12 common and expensive pitfalls that can lead to lawsuits, wasted funds, and family conflict. Go here https://www.texasestateandprobatelawy... to schedule a free consultation today.

From missing the 4-year filing deadline to the dangers of "self-dealing" and early distributions, Attorney Maggie Mauer breaks down the essential rules of Texas estate administration. Learn how to protect your loved one’s legacy and fulfill your fiduciary duty without "holding the bag" for legal errors.

00:00 Introduction: Common Executor Pitfalls
00:20 #1 Delays: The 4-Year Probate Filing Deadline
01:18 #2 Early Distributions: Paying Heirs Before Debts
02:01 #3 Tax Errors: Ignoring the Portability Election
03:11 #4 Disobeying the Will: Written vs. Verbal Wishes
04:10 #5 Hidden Assets: The Danger of Missing Paperwork
05:07 #6 Communication Gaps: Surprising the Beneficiaries
05:48 #7 Asset Types: Probate vs. Non-Probate Confusion
06:35 #8 Fiduciary Duty: Your Legal Responsibility to Heirs
07:28 #9 DIY Disasters: The Risk of Relying on Google
07:59 #10 Creditor Claims: Mishandling Estate Debts
08:52 #11 Self-Dealing: Using Estate Assets for Yourself
09:38 #12 Tangible Assets: Dividing Personal Property Fairly
10:32 Final Summary: Why Professional Guidance Saves Money

Key Takeaways:

The 4-Year Deadline: In Texas, you generally have only four years from the date of death to probate a Will. Missing this window makes the process significantly harder.
Debts Before Heirs: Never distribute funds to beneficiaries until all estate debts and taxes are fully settled, or you may be personally liable.
The "Portability" Election: For larger estates (combined $12M+), failing to elect the deceased spouse's unused tax exemption can cost a family 40% in federal taxes.
Written vs. Verbal: You are legally bound by the written Will. Verbal promises made by the deceased cannot be honored if they contradict the document.
Fiduciary Duty: Being an executor is a "Spider-Man" responsibility—you have a legal duty to act in the best interest of the heirs, not yourself.
Probate vs. Non-Probate: Understand that assets with beneficiary designations (like IRAs or Life Insurance) are not controlled by the Will.
No Self-Dealing: You cannot sell estate property to yourself for less than market value or "pick favorites" among siblings.

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