When a person passes away, their will names an executor to handle their estate. But what happens if the executor doesn’t take action? This can leave beneficiaries and alternate executors in a difficult position, wondering if they can force the issue.
The Problem of Inactive Executors
It's a frustrating situation when a named executor refuses to move forward with the probate process. While you might think you can file a motion to compel them, courts in Texas typically have a different perspective. The courts often require a formal waiver from the first-named executor, stating they decline to serve. Without this waiver, a court may not consider appointing an alternate executor, believing the first-named executor still has time to act and is not yet in default. This can make the process unnecessarily complex.
Legal Hurdles and Court Sympathy
You might assume that a court would be sympathetic to arguments that estate assets are at risk of being "subjected to waste" due to the delay. However, based on our firm’s experience, courts have not been particularly receptive to this argument. While the situation isn't super common, it often takes persuasion to get the executor to waive their rights, or they eventually hire an attorney to move the process along.
Conclusion
Courts are typically not very sympathetic to an executor that is delaying the probate process and will be reluctant to force the executor to act if the four year period of default is not imminent. Hiring an experienced probate attorney to evaluate any benefits to bringing the issue before the court is advisable.
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