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4 essential qualities of personal representatives during probate

On Behalf of | Dec 10, 2024 | Estate Planning and Probate

In Texas, those who can administer probate are called executors when there’s a will. It’s different for intestate or when there’s no will—they’re called administrators and do the same thing as executors. To settle an estate after a person’s death, they gather assets, pay debts and distribute what’s left to the heirs.

During probate, they should embody four important qualities to ensure the legal process goes smoothly.

Integrity and trustworthiness

It’s important to be honest and reliable. Executors and administrators have to handle money and property that isn’t theirs, so they need to not only show but embody a strong sense of ethical responsibility. They can’t use the estate’s assets for themselves or play favorites with heirs.

If they fail to meet these obligations, beneficiaries, creditors or even the court itself can pursue legal action against them. They could face fines or removal from their roles. Ultimately, they should always do the right thing when handling finances and assets, even when no one’s watching.

Organizational skills

Probate involves a lot of paperwork and deadlines. Executors and administrators must keep track of everything – from bank accounts and property to who owes the estate money and who the estate owes. They have to file court papers on time and ensure nothing falls through the cracks. Good organization makes the whole process smoother and faster, which everyone appreciates.

Effective communication

There’s a lot of back-and-forth with different point persons involved in probate. Executors and administrators must keep the heirs in the loop, work with lawyers and accountants and sometimes even communicate with the court. They might need to explain complicated legal stuff in simple terms or calm down family members who are high in emotion. In these times, it pays to be a good listener and a clear speaker. These help resolve conflicts and lessen legal complications.

Financial knowledge

While executors and administrators don’t need to be math whizzes, understanding essential money matters can help. They often deal with bank accounts, investments and property values. They need to make smart choices about selling assets or keeping them, paying bills and figuring out taxes. A good head for numbers can help protect the estate’s value and ensure everyone gets their fair share in the end.

When personal representatives have these qualities going into probate in Texas, it helps minimize conflicts and ensures the estate is settled in a fair and proper manner.