Legal Question in Wills and Trusts in Texas
How long does it take to Probate a will?
Houston, TX
My father died March 11, 2012. I am his only biological child but have 2 step sisters and a step mother. supposedly my step sister (who is an attorney) Probated the will on May 7. I have asked my step mother several times when the will will be read and I have yet to get an answer so as far as I know it has been read and I am being left out. I know for a fact that Daddy did not leave me out. Also, is my step-sister even allowed to do this considering she is family?
2 Answers from Attorneys
It does not take long to probate a will assuming it is properly executed. There is no real formal proceeding for a will to be "read", but if you are a beneficiary you are required to receive notice within 90 days under rule 128A of the Texas Probate Code. If you do not receive notice and you are a beneficiary, you can request that the executor be removed and a new executor appointed.
If they filed the will for probate, it is a public record, and you should be able to get a copy from the county clerk's office. There's no "formal" reading of the will. The sister can be the attorney for the applicant (the person who applied for probate). It's only a problem if she drafted the will and the will is contested.
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