Is there a time period in which an executor has to complete the division of estate properties?

If so, how long is that period. My oldest son is the executor of my ex-husband’s Will. All of the legal work has been completed, (i.e. appraisals, taxes paid, etc.) He has even said on several occasions that he and his brother and sister need to get together to split everything. Now, 2 years have passed and still nothing has been done to divide the estate with the other two siblings. I know for a fact that he wants the bulk of the farm, equipment, house, etc. But the will stated that the estate was to be divided evenly 3 ways.

Asked on October 11, 2013 under Estate Planning, Texas


Brook Miscoski / Hurr Law Office PC

Answered 7 years ago | Contributor

An executor in Texas has three years to complete the division of assets, which doesn't mean that it should actually take that long. An interested party can challenge an executor who is not performing his duties. That interested party (probably a sibling in this case) would also want to know whether the will had been probated in the first place. If the "executor" has not probated the will, an interested party may want to do something about that very soon (there is a 4-year time limit in Texas). An attorney who is able to interact with you to obtain information should be able to give you a more definitive answer.

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