Legal Question in Wills and Trusts in Texas

alternate exector

the Executor/surviving spouse of a will has taken no action on it in three years and does not intend to. I am the alter- nate executor. Do the heirs insist that the Executor probate the will (what happens if the 4-year deadline passes?) or can I begin probate

proceedings immediately? thanks


Asked on 10/17/06, 3:36 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: alternate exector

The four-year deadline cuts off administration of the estate.

Any party in interest can enter the will into probate.

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Answered on 10/17/06, 5:23 pm
Cheryl Rivera Smith The Smith Law Firm

Re: alternate exector

You should petition the court to allow you to probate the will. If 4 years passes, then the estate will be distributed as though the decedent died without a will.

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Answered on 10/17/06, 6:03 pm


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