The person you name will be responsible for far more than signing a few documents. They’ll be the one ensuring your wishes are honored both legally and personally.
Their duties typically include:
✔️ Managing your finances – paying final bills, handling taxes, and distributing assets
✔️ Navigating the legal process – including probate, when applicable
✔️ Communicating with beneficiaries – keeping everyone informed and managing expectations
✔️ Making clear, fair decisions – often in emotionally charged situations
It’s a big responsibility, which is why choosing the right person is so important.
Questions to Ask When Choosing an Executor or Trustee
Before you name someone in your estate plan, take a step back and ask:
1. Are they organized and reliable under pressure?
This isn’t a ceremonial role. Your executor or trustee needs to manage details, meet deadlines, and follow legal requirements without dropping the ball.
2. Will they be fair and objective with loved ones?
Family dynamics can get complicated fast. You want someone who won’t take sides, hold grudges, or make things harder for grieving family members.
3. Do they have the time and energy to take this on?
Even well-meaning people can get overwhelmed. If someone is already juggling caregiving duties, health issues, or major life stress, it may be worth considering alternatives.
4. Are they local or familiar with Texas laws?
Every state has its own rules around probate and trust administration. Choosing someone who understands (or is willing to work with a Texas estate planning attorney) can save time and prevent costly mistakes.
Who Can You Choose as an Executor or Trustee in Texas?
In Texas, you can name:
- A trusted family member
- A close friend
- A professional fiduciary (such as a CPA or attorney)
- A corporate trustee (like a bank or trust company)
There’s no one-size-fits-all answer. At Colin Smith Law, we take time to understand your family dynamics, goals, and concerns so we can help you choose the person or entity that best fits your needs.
A Word of Caution: Choosing the Wrong Person Can Create Conflict
We’ve seen what happens when executors or trustees mishandle their role, whether intentionally or not. Delays, confusion, lawsuits, and strained family relationships are just a few of the outcomes we help clients avoid through thoughtful planning and clear documentation.
Our Advice? Don’t Do This Alone
Choosing an executor or trustee is more than a checkbox on your will. It’s a reflection of your trust, your values, and your desire to protect the people you care about most.
We’re here to help make that decision easier.
At Colin Smith Law, we bring deep legal expertise, calm guidance, and a relationship-first approach to every estate plan we create. Whether you’re just getting started or need to revisit an existing plan, our team is here to support you every step of the way.
📍 Serving clients across Dallas and the state of Texas
