Skip to main content

All three siblings are listed as executors of a will. Who has the most power?

Houston, TX |

Three siblings are all listed as equal executors of a will. Can any of them file the will in probate court? Have access to checking & savings accounts? Or does it go by eldest first?

Attorney Answers 3

  1. Any can file, but all three should be appointed unless they waive their right to serve. There is no priority among the three, by age or otherwise, unless the will gives such a priority. Equal executors means what is says: it takes all three.

    There is no legal relationship created or implied by the exchange of message on this website. All statements are not to be construed as legal advice but as general guidance. In all cases, an attorney should be retained to review the full circumstances and deliver advice consistent with the information learned.

  2. If the will names the three siblings as executors, they will have equal power. Whether they must act jointly or may act separately may be specified in the will. Under the Texas Estates Code, any one of the executors can act for all of them if the will does not specify how they shall act. To transfer title to real estate, all three must sign. The relative age of each executor does not determine relative authority.

    It is generally not possible to address all contingencies in a brief answer. My answer is based on the facts as provided and on general legal principles that may not apply to your specific situation. As a result, my answer is necessarily preliminary and should not be relied on without consulting an attorney who can fully evaluate your circumstances. Nothing in this communication creates an attorney-client relationship.

  3. You really should hire an attorney to help with this, especially if there are multiple executors. Any of you can file to probate the will.

    This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.

Wills and estates topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics