is 5 years too long to close an estate in probate in texas

UPDATED: Sep 30, 2022

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is 5 years too long to close an estate in probate in texas

it took 3 years before the house was listed to sell house
could never get a hold of exator

Asked on August 28, 2016 under Estate Planning, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I have heard of longer, but this is definitely on the long side. The problem is, the law does not specify a particular timeline, so there are no hard-and-fast deadlines to let you know when too long has gone. Rather, the executor is held to the much more subjective standard of using reasonable efforts to settle the estate. If you feel the executor is not making reasonable efforts--which may be the case if, for example, he or she will not even communicate with you--you could bring a legal action (lawsuit) in surrogates or probate court, seeking to make the executor "account" for his or her actions and possible seeking a court order requiring him or her to accomplish certain things within certain timeframes and/or replacing him or her as executor.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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