Legal Question in Wills and Trusts in Texas

The executor must first pay all debts (which may require selling some assets to raise the cash) and then distribute whatever remains under the terms of the will. If the will does not list the executor as a beneficiary and the executor keeps everything, you should have an attorney review the will and the probate documents.

No. Simply speaking, an executor is not entitled to ignore the terms of the Will and distribute property however they see fit. As has been pointed out, administration may require the executor to use estate property in order to satisfy debts. Following the resolution of proper debts, however, the executor's only and last job is to put the property into the hands of the beneficiaries under the Will. Failure to do so may result in the removal of the executor by the Court, and even personal liability, depending very much on the circumstances. If you believe that an executor is failing in his or her obligations, and assuming that you have a legal interest in the proceeding, you should contact an attorney to review the situation.