Legal Question in Wills and Trusts in Texas
executor and selling home
mother-in-law died with will and three heirs. Executor is out of the country. Can one heir petition to have himself declared executor without permission of other heirs?
One heir claims to have a codicil to will which is signed by deceased, but not witnessed excluding other two heirs.
Would this be legal?
Can the one heir sell the deceased's home before the will is probated?
1 Answer from Attorneys
Re: executor and selling home
Yes, if one heir has the original will, that heir can petition the court to probate the will. If the executor is unavailable or refuses to serve, then you can petition the court to appoint a new executor. It would be a much easier process if the heirs can agree. As for the codicil, the ability for it to be declared a codicil is fact specific, so I can't answer that without more information. As for the home, an heir cannot sell it before probating the will, unless there is an agreement to the contrary (this doesn't mean that someone won't try to sell the home illegally, however.)
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
