Legal Question in Wills and Trusts in Texas
administrator of estates
does the administrator of an estate have a certain lenght of time to pay there heirs
monies awarded by the courts after probate has been finalled and closed?
1 Answer from Attorneys
Re: administrator of estates
If I understand your question, you believe you should
receive funds from a will which was probated. There
are several methods of "probating" a will in Texas.
When you say "administrator" I assume you mean the
will was probated as other than an independent
administration. If so, then the "administrator"
probably had to file certain reports to the court.
Most likely the "administrator" had to post a bond
to show faithful administration of the estate. In
the event the "administrator" defrauded some
beneficiaries of the estate by not paying out
money due them (assuming there were sufficient
funds in the estate to pay debts and all bequests)
then the bond might be liable for the payment.
Most of the time, debts of the estate take
precidence over beneficiaries of the will.
You need to go the the courthouse where the will is
filed for probate and ask the county clerk to see
the file. You are entitled to see the file.
When you go through the file, there should be
annual accountings which will show what happened
to the funds of the estate. If the "administrator"
shows in his or her final account that funds were
paid out when they were not, then you need to
contact an attorney or the bonding company. Good luck!