Legal Question in Wills and Trusts in Texas
Executor change on estate
My brother was executor of my fathers estate. My brother recently passed away. I am named executor if anything happened to my brother. There is still an estate account that I never received my share of money from. How do I go about petitioning the court to appoint me as executor? That is what the bank tells me I need to do. Is this something I can do myself without having to hire an attorney?
2 Answers from Attorneys
Re: Executor change on estate
Dealing with the probate court is fairly technical. You can pay the attorney out of the estate account.
Re: Executor change on estate
You can do it yourself, but it can get tricky. Talk to the probate clerks and ask them if they have a motion to appoint the alternate executor you could use as a go-by. They can't give legal advice or assistance, but they can be cooperative.
Once you have the motion and order prepared, you need to file it with the court. Depending upon the judge, you may do it by submission, or you may need a hearing. Be aware that some judges seriously dislike pro se parties bcause they usually waste the court's time.
At this point you'll probably be thinking that paying for an attorney is preferable to wrestling with the system.
Once you get the order signed appointing you executor, you have to file the executor's oath. You'll also need at least one copy of letters testamentary for the bank.
It's easy if you know what you're doing.
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