If my father in law passed away, why were we told not to do anything for 40 days?

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If my father in law passed away, why were we told not to do anything for 40 days?

There is no Will. My husband is aware he cannot file to to be administrator but what needs to be done? We were told not to do anything for 40 days. What is the 40 days for? What happens after the 40 days? Does my husband need to file something with the courts to claim his assets?

Asked on January 10, 2012 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  If there is no Will then he died intestate.  The 40 day "stay" so to speak, is probably statutory, meaning that the law in your area requires that you wait 40 days after death to file anything in court.  Now, why can't he file to be the administrator of the estate?  Is if there is information that you have not stated here that would give me a reason for same? Otherwise I think that you should consult with ana ttorney on this matter.  The estate must be probated. Good luck.


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