Suing An Estate Executor Without A Will In Collin
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Section 304.003 - Persons Disqualified To Serve As Executor Or Administrator (a) Except as provided by Subsection (b), a person is not qualified to serve as an executor or administrator if the person is: (1) incapacitated; (2) a felon convicted under the laws of the United States or of any state of the United States ...
What does an executor do? applying to admit the will to probate. applying for letters testamentary or letters of administration. helping with burial arrangements. notifying the heirs and beneficiaries. filing legal paperwork. collecting, securing, and appraising property. managing bank accounts, insurance, etc.
Executor's Role and Timeline for Asset Distribution. In Texas, an executor is given up to three years from their court appointment to distribute assets, excluding those allocated to creditors.
Procedure — An Application for Determination of Heirship is filed with the court. The court then appoints an attorney ad litem for unknown heirs who will investigate the heirship facts of the decedent. After a hearing, the court will issue a Judgment Declaring Heirship which names the heirs of the estate.
If you've been named executor in someone's will but are unwilling to serve, you need to file a declination, a document declining your designation as executor, with the court. That's why you should name an alternate executor in your will—a person who can take over for the executor if necessary.
Many clients ask, “Can an executor decide who gets what in Texas?” The executor must follow the will's directives and Texas law. However, keeping beneficiaries informed is key to avoiding disputes.
An estate beneficiary has a right to sue the executor or administrator if they are not competently doing their job or are engaged in fiduciary misconduct.
As an Executor, what you cannot do is go against the terms of the Will, Breach Fiduciary duty, fail to act, self-deal, embezzle, intentionally or unintentionally through neglect harm the estate, and cannot do threats to beneficiaries and heirs.
In Texas, the surviving spouse and children will usually inherit all probate assets. If there are no children or grandchildren, the property may pass to the spouse, parents, siblings, nieces, nephews, and/or other heirs, depending on the situation.
Probate courts attempt to carry out this role while protecting the interests of the beneficiaries and creditors involved. This process can take between two months to as long as two years, depending on the complexity of the estate.
