Legal Question in Wills and Trusts in Texas

Typically an Independent Administration of a properly executed will would not take such a long time unless the probate proceeding was being contested or there were other issues involved. The first question to address is whether the "will" IS actually a will. I often have clients who bring me a "will" only to find that what they have provided to me is a document setting forth the decedent's intentions with regard to their final wishes but the document is not a valid will. It may not contain the requisite language, it may not be properly executed, it may be a photo copy of the will (which does not constitute a will), etc. If the document is not a valid will the attorney has to take additional steps to get the document accepted by the court. But let's assume there was a valid will. The second issue is to determine if the will provides for an "Independent Administration". An Independent Administration is a type of estate administration that is typically quick and allows the executor, once appointed by the court, to handle the administration of the estate without the courts supervision. If the will did not contain language requesting an Independent Administration, the attorney would again be required to take additional measures to have the will admitted to probate under an Independent Admin. Another possible issue could be the notification of the heirs. In some instances the exact location of the heirs is unknown which can delay the process at times. Having set forth some of the possible set backs to a typical probate proceeding, I would say that most of these issues would not typically take a year to work through. My advise would be to ask the attorney specifically what is taking place and what specific issues he/she is having to address.

If an attorney or an heir has "stalled" in probate, another heir can hire an attorney to intervene and request another heir to be appointed executor to get things moving again.