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Section 405.006 - Notice of Closing Estate (a) Instead of filing a closing report under Section 405.005, an independent executor may file a notice of closing estate verified by affidavit that states: (1) that all debts known to exist against the estate have been paid or have been paid to the extent permitted by the ...
An executor cannot change beneficiaries' inheritances or withhold their inheritances unless the will has expressly granted them the authority to do so. The executor also cannot stray from the terms of the will or their fiduciary duty.
How long does the administrator have to distribute the inheritance to the heirs? In most instances, an administrator may be removed after notice if he or she fails to make a final distribution of the estate within three years after letters of administration have been granted.
Generally, under Texas law, a Will must be admitted to probate within 4 years of a person's death.
Payment priorities Federal taxes. Funeral expenses and/or final illness expenses up to $15,000. Estate administration expenses. Secured debts to be paid for by the sale of estate assets. Child support payments and interest. Texas state taxes, penalties, or interest. Incarceration costs, if applicable.
The most common way of closing an estate in Texas is to file a Notice of Closing Estate with the county court. This document acts as an affidavit and confirms that you have discharged your duties. It must state the following: All known debts have been paid or satisfied as much as the estate assets would allow.
The executor generally has three years after their appointment to distribute the remaining assets (after debts and disputes are resolved). The Texas probate process can be fairly simple in most cases.
Seeking Legal Recourse If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit.