Bonfire97 said:
Also, does "Qualification" of the Executor happen when the Probate process starts?
After the probate judge hears the 'case' and signs the Order admitting the will to probate, the Executor will (generally while still at the Courthouse) sign his "Oath" and that document will be filed right then with the probate clerk.
The executor is then qualified to receive Letters Testamentary, which he usually gets (there's a fee, of course) right after that while still at the Courthouse.
I am curious about something -- If the 'executor' appointed by the will has yet to receive his authority from the court to act on behalf of the estate, how has he been able to control the assets of the decedent?
Also, remember that regardless of when the 'inventory' is prepared (even 4+ years), the items and amounts are as of the
date of death, and an executor will be responsible for being able to document those things, as of the
date of death.
Anyway, it's good that you've already engaged an attorney if you are concerned about potential impropriety and/or incompetency. You might want to discuss with him/her the following potential strategies that
could speed things up, or perhaps assuage some of your concerns:
1. Have your attorney write the will-appointed executor a letter on your behalf putting that person on notice that you expect said person to responsibly (and verifiably) administer the assets of the estate, and urging that person to probate the decedent's will without unnecessary delay.
At the same time, your attorney might enclose a prepared affidavit for that person to sign and notarize declining his appointment as executor. In the event that he signs it, and there is no alternate specified in the will, it would open the door for your attorney to open a probate with independent administration by agreement, with the beneficiaries choosing the executor.
It may be unlikely to work, but why not try?
2. Have your attorney put that person on notice that the beneficiaries contend that the delay in opening a probate is causing harm to the estate and that accordingly your attorney will file an application with the probate court for Temporary Administration if the appointed executor doesn't act to probate the will in short order.
Will it work to get them to move? Beats me.
Again, good luck. Remember, the State Bar of Texas shows no licensed attorney by the name of 'Ribeye' and thus this is most definitely not legal advice for you.