Claim Against Executor Of Estate Without Will In Houston
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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 ...
The executor will then collect and distribute the estate property. This is almost always done with the help from an attorney. If there is no will, the personal representative is called an "administrator." If there is a will but the executor can't serve for any reason, the court will also appoint an administrator.
Standard Executor Compensation This is referred to as the five-and-five rule. However, there are limitations to this commission. It cannot exceed five percent of the gross fair market value of the estate being administered, and it is not applicable in certain situations.
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.
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.
If a creditor wishes to file a claim against the estate, they must do so in writing and provide documentation of the debt. The claim must be filed with the probate court and a copy must be sent to the executor or administrator of the estate.
Texas law allows executors to sell property without the beneficiaries' approval, which can be necessary to keep the estate solvent. However, this authority comes with the responsibility of ensuring that the sale is conducted in the best interest of the estate.
