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Probate case has been going on for 5 years. Can I change attorneys?

3 1
17.09.2025

The judge's gavel and scales as a symbol of the judiciary and justice.

Q. What does it take or what is the process for the executor of an estate to request a different attorney for probating a will? The person died in December 2020, and the will has a straightforward 50/50 division of assets between two heirs, but the estate is still in progress. It has taken so long that some unclaimed funds have been sent to the state of Texas causing one to question if the attorney is properly handling the matter.

A. Changing lawyers is like changing doctors. You can do it at any time. All you need to do is find a new attorney who can take over the probate and represent the estate.

The attorney you have been using may need to sign a withdrawal form, but the new attorney can prepare the document your current attorney will sign.

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There is no excuse for taking nearly five years to wind up a probate matter. The probate of a simple will that leaves property in equal shares to two people should have taken no more than a few months. Clearly, you found an attorney who should not be handling probate matters.

Q. In your column, you once provided a website where individuals in Texas can locate an attorney for their particular legal needs. I am in need of an attorney to help me with estate planning documents, and it would be very helpful if you could provide that information........

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