When a person dies and leaves a will, the executor named in that will needs to file an application to probate the will in the county where the person lived at the time of their death. The executor named in the will does not have the power to act as the executor until the judge accepts the will for probate and finds that the executor is qualified to serve. A will must be filed within four years after the person has died.
Once the executor's appointment is approved by the judge, the executor has certain tasks to complete and deadlines to adhere to in administering the deceased person's estate. The statutory deadlines are very important and an executor can be removed from power if they do not do their job and the deadlines are not met.
Sometimes, a person dies with a will and forgets to name someone to serve as their executor. Or, a person dies with a will but none of the people named as executor in that will want to take on the job. In that case, any other person can file an application to probate the deceased person's will. It will be necessary, however, to get all of the beneficiaries to agree that the person filing the application can serve as the independent administrator of the deceased person's estate.
Many times an executor will choose to probate a deceased person's will just in case any unknown creditors begin to surface. Probating a will may be a more costly and lengthy process than an available alternative to probate but it provides for greater coverage in making sure everything was handled properly.
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With an office in San Marcos, Scanio & Scanio A Professional Corporation, serves clients in the Central Texas counties of Hays, Comal, Caldwell and Guadalupe. To schedule an initial consultation with one of our attorneys, call 512-396-2016 or send us an email.