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In Houston, can you have more than one executor on a will? And what is the percentage an executor gets paid? Is a guardian paid?

Houston, TX |

I was told that a will could have more than one executor; Can they all be listed together or one at a time?

Attorney Answers 4


  1. Yes, but I think most Attorneys would advise against drafting the Will to require that in normal situations.

    Depends on the terms of the Will. It should be very specific here.

    Your last question will depend on how the court rules in the Guardianship. Often there is a Will or other document that controls.


  2. You can have more than one executorate in a Texas will. They are listed as co executors, if you want them to serve simultaneously. They are listed as alternate executors, if you have a first choice to serve, and then a second choice to serve, and so forth. If the first choice for executor declines to serve, then the second alternate will serve as executor. The executor will receive no compensation unless the will provides for compensation. Texas Probate Code sec. 241 limits the compensation paid to personal representatives, including executors and guardians, to 5 per cent on all sums they actually receive in cash, and five percent on all sums that they actually pay out in cash.

    No lawyer-client relationship exists. This answer is intended for discussion purposes only. You must obtain legal advice from your own attorney.


  3. Despite the general attitude in Houston it must follow the same probate laws as the rest of Texas. Co-executors is the worst possible idea for management of a probate estate. Drafting the appointment and governance provisions of the Will is more expensive. Administration of the estate will be more expensive and it just increased the likelihood of litigation.

    DISCLAIMER: This is not specific legal advice and does not establish an attorney/client relationship.


  4. I totally agree with Gary MacInnis

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