A Guide for the Texas Independent Administrator - Probate Court No. 1
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FAQ
The executor generally has three years after their appointment to distribute the remaining assets (after debts and disputes are resolved). The Texas probate process can be fairly simple in most cases.
The short answer is yes, you have to show an accounting unless the heirs or beneficiaries of the estate waive the requirement. And even if they waive it, probate best practice is to show a thorough summary of what was done so you reduce the chance of disputes later on.
If you believe that the executor is not living up to their duties, you have two legal options: petition the court or file a civil lawsuit. Beneficiaries can petition the court to have the executor removed from their positon if they can prove they should be removed for one of the reasons listed above.
An executor has three years after their appointment by the court to distribute any assets under the will that are not due to a creditor. The probate process in Texas is straightforward for most people who go through it.
But can an executor withhold money from a beneficiary? Legally, the executor cannot change the will or refuse payment, but executors can breach their fiduciary duty, as explained below, leaving beneficiaries vulnerable to creditors.
The statute of limitations on debt in Texas is four years. This section of the law, introduced in 2019, states that a payment on the debt (or any other activity) does not restart the clock on the statute of limitations.
An executor is someone who has been named in the will to manage your estate after you die. An administrator is someone who takes charge of your estate if you die without a will. Keep in mind that estate law is state-specific.
When a person dies and leaves property that has not been transferred to another person by way of a Trust, joint ownership with a right of survivorship, or direct payments to Beneficiaries (such as from insurance policies or retirement accounts), property in Texas will be distributed through probate.