Legal Question in Wills and Trusts in Texas

Re: Inheritance Distribution Timeframe

Yes, if the estate is over a certain size, estate taxes will be due. It usually takes at least 9 months to get the appraisals and make the necessary filings to settle an estate tax return, and so that is the first delay.

Depending upon the makeup of the estate, some assets may need to be sold in order to pay taxes, or other bills of the estate, and also in order to be able to divide up the estate into the amounts for each heir as directed by the will.

It sounds like this estate will have some complications, what with its size and the number of heirs, and there may well be other complications that you or I don't know about. For example, if the estate has to file a lawsuit against someone for damages which were due to the decedent, that could take years.

You should feel free to talk to the executor or the attorney for the executor to get a feel for what is going to happen, when it will happen, and when they think the estate may be distributed.

As soon as the will is filed for probate, you will be receiving a copy of it. The executor is required to do this now. The executor will be required to file an Inventory within 90 days of the probate hearing, so then you will be able to see exactly what is in the estate. The executor may or may not be required to file annual accountings each year to show what money is coming in and going out.

If you don't have good communications with these people, and feel like they are giving you the runaround or don't know what they are doing, then after a year or 18 months you can hire your own attorney to petition the court to have the estate distributed immediately. At that point, the executor would either have to show the judge a good reason as to why it's taking so long to distribute the estate, or they will be ordered to distribute.