Arp, TX Estate Planning Law Firms & Lawyers

After the court appoints an administrator (you, if you applied), the administrator can distribute separate personal property to the children according to the Texas rules of inheritance.  If you are the applicant, you might also want to talk to your attorney about setting aside the home and up to $60,000 in personal property for the widow (you) and about the fact that property purchased during the marriage is assumed to be community property unless proven otherwise.  These days a lot of folks feel entitled to "their" money and stuff before the body is cold.  But no one has authority to distribute anything until a court appoints them executor of a Will or administrator of an estate or signs an Order Approving Small Estate Affidavit.

In Texas, an interested person can petition the appropriate probate court to compel a person in possession of a Will to deposit the document with the County Clerk. The costs associated with doing so will vary by attorney, but the amount of time involved to achieve this is not substantial. Of course, having the Will deposited only brings it to light. If, as you suspect, there are reasons to believe that the document is not genuine or does not reflect the true intentions of the decedent, you can expect quite a fight. Probate litigation, like anything else, can become very expensive very quickly. Many attorneys handle matters like this on an hourly rate basis, while others may take the case on a contingency arrangement. Visit with a probate attorney near you now, as the issue will not resolve itself in your favor.