Q: My mother passed away on 10/31/17. The custodian of my mother's will, will not provide us with a copy.
I do not know if this person was specifically stated as the executor of the will in the will itself. Me and my brother both feel she might be hiding something that is stated in the will itself. The will has not been filed in probate as of 11/17/17. What legal means, if any, do we have to make sure that we receive a copy of the will in a timely fashion? I live in Victorville, CA and my brother lives in Logan, UT. My mother lived in Allen, Texas.
A: Under Chapter 252 of the Texas Estates Code, a person with custody of a will who has notice of the person's death is legally obligated to provide the will to the clerk in the county with jurisdiction. There is a legal process to compel the person to do so, including jailing the person with custody for refusal to turn over the will.
A: I'm sorry for the loss of your mother.
A will may be probated up to 4 years after a person's death in Texas. A will is not "valid" until it has been admitted by a probate court as such; therefore, just because someone is named as executor it doesn't give them authority to take any action until the will is validated by the court and the person is approved to serve as administrator or executor.
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