You may believe that because a will names you as the executor of the estate, you have the authority to take care of matters in the way the testator expressed. The testator may have gone over all the details with you, and you feel confident of your ability to carry out his or her wishes.
However, in Texas, the law states that the probate court must approve your actions before you can take them unless the testator requested an independent administration in the correct way. (Frequently, dependent administration is the result of people using internet forms that do not include the proper language or writing the will themselves.) Here is how dependent administration could affect your duties, and how to request independent administration instead.
According to the Houston Bar Association, the court chooses the administrator in the case of dependent administration. Even though the testator named you, the court must still appoint you. You must obtain a probate bond, which guarantees the satisfaction of the estate debts and the appropriate distribution of the remaining assets to the heirs. Then, you must seek a court order for each action you take, from paying debts to selling property. You must also file annual and final accounts.
The goal of such close oversight is to prevent mismanagement of the estate. However, the results are often lengthy delays that prevent beneficiaries from receiving their inheritance in a timely manner.
You may be able to have the type of administration changed from dependent to independent. If everyone who stands to inherit a portion of the estate agrees, the heirs and beneficiaries can request that the court waive the requirements and make the change.