[TX] How do I change the executor of my will?
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You can either put a codicil in place or draft a new will. If you draft a new will, you would need to destroy all copies of the old will to void it properly and legally. There are two ways to have these estate documents put into place:
-
Use a template – You can find templates online and fill them in with your wishes.
-
Hire an estate attorney – An attorney can draft these documents for you.
Either way, the documents must be signed, witnessed, and notarized (Texas Estates Code § 251.051). You should give the original documents to your executor/POA to keep in a safe place, and you’ll also want to keep a copy in your own safe place.
If you ever need help from an attorney, you can contact your local bar association for a referral, your local legal aid society for free or low-cost services, or check with local law schools that may offer legal clinics. Please let me know if you have follow-up questions!
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I want to change my executor in a will I created in 2013. Can you help me with the wording?
I understand you want to change the executor in your will. Have you already identified who you would like to appoint as the new executor?
Yes, my daughter.
Are there any specific reasons or circumstances that have led you to decide to change the executor in your will now?
When I did it I chose my sister-in-law, and just think it should be my daughter now.
Is there anything else the lawyer should know before I connect you?
My husband would be my first choice, and then my daughter if he is unable.
Hello, my name is Charlie, and I am a licensed attorney. I would like to welcome you to AskaLawyer! I’m sorry you are experiencing these issues. I’ll be happy to assist you with your questions today. Which state do you live in?
Texas.
Understood. Did you have an attorney draft your previous will?
Yes, but he is no longer in practice.
Completely understand. Do you have all of the copies of that will that you made in your possession?
Yes. I wanted to do a codicil.
You can either put a codicil in place or draft a new will. If you draft a new will, you would need to destroy all copies of the old will to void it properly and legally. There are two ways to have these estate documents put into place:
-
Use a template – You can find templates online and fill them in with your wishes.
-
Hire an estate attorney – An attorney can draft these documents for you.
Either way, the documents must be signed, witnessed, and notarized (Texas Estates Code § 251.051). You should give the original documents to your executor/POA to keep in a safe place, and you’ll also want to keep a copy in your own safe place.
If you ever need help from an attorney, you can contact your local bar association for a referral, your local legal aid society for free or low-cost services, or check with local law schools that may offer legal clinics. Please let me know if you have follow-up questions!
Thank you.
You are very welcome. I’m glad I could help.
