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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27093
Experience:  Began practicing law in 1992
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A Determination of Heirship was done with no administration

Customer Question

A Determination of Heirship was done with no administration when the original will could not be found in June 2013. Now the original will has been found and there is a need for an executor to be appointed due to property to be distributed BUT the Probate Court says that no filing of the original will with an executor being named can be done bec the order of heirship and no administration was done over 30 days ago and is therefore a final order. Is there any way to have the original will probated with an executor appointed ?
Submitted: 1 year ago.
Category: Legal
Expert:  Dwayne B. replied 1 year ago.

Dwayne B. :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

When was the order signed?

Customer:

Determination of heirship was done on June18 2013

Dwayne B. :

Wow. You just barely missed the dates for the easy ways to handle it. In this case since it has been longer than 30 days you are probably going to have to file for a Bill of Review under Texas Rule of Civil Procedure 329b(f). That allows you to reverse a decision for up to 4 years.

Dwayne B. :

It is fairly complicated and so you are definitely going to want a lawyer to assist with this.

Customer:

Determination of Heirship was done on June 18 2013...kathyrider THANK YOU...no one else seems to know about this remedy....

Dwayne B., Attorney
Category: Legal
Satisfied Customers: 27093
Experience: Began practicing law in 1992
Dwayne B. and 3 other Legal Specialists are ready to help you
Expert:  Dwayne B. replied 1 year ago.
It's not used very often. You can read a little case law on it at http://www.texas-opinions.com/law-bill-of-review.html
Customer: replied 12 months ago.

Thank you for your follow-up..things have gotten very complicated
legally. The Probate Court's position is that bec there was an order
entered more than thirty days ago indicating no need for administration
that the original will can not be probated with the naming of an executor.
Our family's problem is that my Mother owned property in New Mexico which as of 1987 does not allow conveyance of property by will. There must be a "deed of distribution" done by the executor of the estate. We are attempting to get the original will either probated in Texas with an
executor appointed (which is very unlikely at this point) or take the
original will and probate it in New Mexico with the naming of an executor.
There is also property in Texas which must be sold. Additionally, a
grandson of the deceased has severe mental health problems and there needs to be a special needs trust set up so he will not lose SSI benefits. The special needs atty indicated we could not set up the special needs trust unless there is an executor appointed for the estate. Sorry, I know this is more information than you wanted. We did attempt to look at the Texas Rules of Civil Procedure allowing for the probate of the original will if there are additional circumstances. The probate court is holding firm that after 30 days the order of heirship without administration can not be set aside. As a non-atty I appreciated all the help and the responsiveness.

Expert:  Dwayne B. replied 12 months ago.
Your only option then is to use the Bill of Review since you have missed the time for appeal. You can then appeal the denial of the bill of review.

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