Suing An Estate Executor Without A Will In Tarrant
Description
Form popularity
FAQ
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.
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.
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.
In Texas, executors don't have a legal obligation to probate a will. If they choose not to, they (or another person who has the will) must surrender it to the court clerk. The clerk will notify the executor and/or beneficiaries and give everyone a chance to probate it.
An affidavit of heirship can be used to transfer title to real property when there are no debts of the estate and no administration is necessary. The affidavit must be signed by two disinterested witness who are familiar with the family history.
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.
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.
