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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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.


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