Legal Question in Wills and Trusts in Texas
How long after will is probated does the executor have to disburse of inherinten
Need to know, what time limitations are there for the executor of the will to disburse of an inheritance once the will is probated. Also, how must she or he go about disbursing of the inheritance? Do they have to call together a ''reading of the will'' where all interested parties show up or can she contact people by mail or can she simply send out a check for the amount? If she doesn't have addresses for some of these people, how does she attempt to contact them and how long do the recipiants have to respond? What about if the people concerned live in another country? For example, in Mexico?
1 Answer from Attorneys
Re: How long after will is probated does the executor have to disburse of inheri
There really isn't a limitations period for the distribution of an estate. Since there's a six-month window within which creditors may file claims against the estate, prudence would caution the executor or administrator against making a distribution until the time for the making of claims against the estate has passed.
The executor is under a fiduciary duty to find, or attempt to find, the devisees named in the will (heirs are those who take if there's no will). There are services that aid in tracing the missing devisees, and that cost comes out of the estate. It really makes no difference where they may be located; only how difficult it may be to find them and get the assets to them.
If devisees can't or won't be contacted, the executor should place the assets in trust until the devisees respond or come forward.
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