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If an estate is not properly probated and closed in a timely manner, there may be a number of consequences that can jeopardize the estate: The statute of limitations for creditors' claims is extended. Assets may lose value or be lost altogether. The state may claim the assets.
An estate may be exempt from the probate process in certain circumstances. Under Texas Estates Code, Title 2, Chapter 205, an estate need not pass through the probate process if there is no will and the total value of the estate (not counting any homestead real estate owned by the Decedent) is $75,000 or less.
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.
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. Beneficiaries can petition the court to have the executor removed from their positon if they can prove they should be removed for one of the reasons listed above.
An executor has three years after their appointment by the court to distribute any assets under the will that are not due to a creditor. The probate process in Texas is straightforward for most people who go through it.
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.
In Texas, beneficiaries are entitled to receive a copy of the will as part of the probate process. This means anyone who is named in the will as an heir has a right to receive a copy of the will.
4 Options for Avoiding Probate in Texas Revocable Living Trusts. Joint Ownership with a Right of Survivorship. Transfer on Death Deeds. Beneficiary Designations.