Legal Question in Wills and Trusts in Texas

Executors to a will

I thought that when I talked to the bank about being my friends executor they were doing a probate thing through the courts. I'm understanding now that they are getting a court order to declare that they are the official executor and that the will is a legit will.... Am I confused? I thought everything had to go to probate court and a will would be made public. I also thought that one of the first duties as an executor would be to notify any beneficiaries right away! This has all been so confusing to me. Her executor has not even given a clue as to what is in this will. My friend passed on Feb 14, 2008 I just thought we all would know more by this time... Thanks


Asked on 3/06/08, 1:01 am

1 Answer from Attorneys
Kathryn Perales PMI Oil Tools

Re: Executors to a will

If the will has been filed with the court, then it is public record and you can go look at it. If you think you are the executor named in the will, and the will has not yet been filed for probate, then you can file a probate case in court, and the judge will order whomever you think has the original will to produce it in court.

In any event, if you are the executor, then you need a lawyer. You should go talk to one and not rely on "the bank." Your own lawyer will be able to clear up your confusion and figure out what is going on. If it turns out that you are indeed the executor, then the estate will pay for your lawyer. If not, you may have to pay for the legal advice and work out of your own pocket.

Executors are required to give notice to the beneficiaries that the will is being probated, and there is a deadline.

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Answered on 3/06/08, 11:12 am


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