All, hoping someone can help me with a question I am unclear on. In Texas, an Executor has 4 years to probate the will, apparently. In regards to the 90 day timeframe for the inventory, is that 90 days after the probate process starts? In other words, could the executor actually have 4 years + 90 days to provide an inventory if they were holding out on probating the will? Thanks in advance.

Bonfire,

I don't know your exact situation, but generally speaking, in Texas, you have 4 years from the date of death to file an application for probate.

Then, you have 90 days from the date of the court's Order admitting the will to probate to file an inventory.

That 90 days may be extended by court order. Obviously, you'll need reasons to support that request.

Also, know that since 2011, in Texas, you may file an affidavit in lieu of inventory instead of the inventory, provided there is no language in the will specifically prohibiting that. That keeps the non-interested parties from knowing the estates assets, in most cases.

This does not, however, mean you don't have to prepare an inventory at all. It still must be prepared and presented to the beneficiaries in a timely fashion.

Since in Texas the probate judge will require the executor to be represented by an attorney, I would suggest you contact a few (if you haven't already) and see what they'll charge to represent you.

Many charge less than $1,500 for what is termed a 'flat fee probate', but if things get complicated, you'll probably need more than that.

Good luck. Again, pay a pro a 'reasonable' fee for advice and don't take the word of some internet guy named 'Ribeye'. ;-)

Ribeye,
Thanks for the feedback. Unfortunately, I am not the executor. Myself and some others are facing an Executor that we feel may not handle things ethically. We already saw a lawyer and that is what she explained as well. However, it just seems crazy that an Executor in Texas has over 4 years (+90 days) to produce an inventory. It seems like that would give an Executor who is not acting in good faith a long time to tangle up and improperly disperse financial assets.

Thanks again for your feedback.

Also, does "Qualification" of the Executor happen when the Probate process starts?

The below sounds like it is actually the "Qualification" of the Executor (and issuance of letters of testamentary) that kick off the 90 day inventory time clock......does the "Qualification" and Probate process start together?

"Sec. 309.051. INVENTORY AND APPRAISEMENT. (a) Except as provided by Subsection (c) or Section 309.056 or unless a longer period is granted by the court, before the 91st day after the date the personal representative qualifies, the representative shall prepare and file with the court clerk a single written instrument that contains a verified, full, and detailed inventory of all estate property that has come into the representative's possession or of which the representative has knowledge."

Bonfire97 said:

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Also, does "Qualification" of the Executor happen when the Probate process starts?

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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.

Ribeye,
Thanks again for the comments and suggestions. I want to make sure my attorney acts as aggressively as possible to move things along. The Executor has not to my knowledge controlled or manipulated any assets at this point. I do fear that there will be some inappropriate acting on his part in the future, though. I really hope the Will was written with dependent administration. As I understand that, it seems that would require much more court supervision and possibly curb some unethical behavior on his part.

Bonfire97 said:

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I really hope the Will was written with dependent administration. As I understand that, it seems that would require much more court supervision and possibly curb some unethical behavior on his part.

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The downside with dependent administration - get ready for increased legal/professional fees that will diminish the estate.

Of course, if we're talking about an estate with many, many dollars, those fees may be insignificant in comparison.

I take it that you have yet to see a copy of the will? Having that would answer some questions for both you and your attorney, and I might suggest you have your attorney send a letter requesting a copy. You'll never know what they say until they say it.

Thanks Ribeye. No, we haven't seen a copy of the Will. I think we are just going to turn things over to our attorney. Hopefully this all gets resolved without conflict and our concerns are unfounded, but better safe than sorry. I figure the money spent on legal counsel is worth the decrease in stress levels. I am just trying to educate myself on all the rule sets that govern this process so I don't miss something critical and am able to make educated suggestions and and have good conversation with the attorney (i.e. try to be involved as much as possible in the process).