Legal Question in Wills and Trusts in Texas
probate
is there a limit to the time allowed to probate a will? if one family member is in charge and simply will not get the process started what are the options for the family members who are waiting?
2 Answers from Attorneys
Re: probate
So are you saying the person that has the will is refusing to submit it to probate?
If that is the case, you may submit a sworn affidavit to the probate court in your jurisdiction and the judge will have the person in custody of the original will served to appear and answer to the court. The person must then either submit the will to probate or show cause as to why not.
If the person does not do so they are subject to arrest. That ought to motivate them. :-)
Re: probate
Why wait? File the application for probate yourself. That will get things moving for sure. If you don't know how to do this, see a lawyer. Good Luck
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