Legal Question in Wills and Trusts in Texas

Is there a limit to how long an executor may take to complete the probate process after receiving Letters Testamentary? The executrix is an heir and is occupying the decedent's homestead and has access to the decedent's money, so she has a selfish interest in maintaining the status quo and not distributing the assets. How long can she take to complete the probate? If there is no statutory limit, what can be done to assure a timely completion?


Asked on 10/25/09, 1:06 am

1 Answer from Attorneys
Nicholas Dupre Stone and Associates, LLP

There is no statutory time limit as to when an executor must distribute the assets of an estate. Ideally, an executor must do so in a reasonable and timely manner. However, each probate and the circumstances surrounding such vary from estate to estate, thus, it would be difficult to define a time limit for distribution. There is a time limit to file an inventory in Texas (90 days from the date of qualification). Check to make sure the executrix has filed the inventory on time.

If you are concerned about the executrix pilfering money from the estate, you can certainly petition to have her removed. If you just want to know what's going on, you can demand an accounting after 15 months from the date she was appointed.

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Answered on 11/02/09, 2:31 pm


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