When Should I Probate a Will?

Generally, a will should be probated as soon as possible. The Texas Estates Code requires that a will be probated within 4 years of a testator’s death. If more than four years has elapsed, the testator will be treated as though he died without a valid will, and the Texas intestacy statutes will determine how his property should be divided.

There is a limited exception to the general rule. If the person offering the will for probate was not in default for failing to present the will within the four year period, the will may be admitted to probate as a muniment of title.

Comments

  1. http://Elizabeth%20Caron says

    Hello Rania, and thank you for providing this invaluable service! In regard to the rule stating that the person offering the will was not in default for failing to present the will within the four year period what does “in default” mean?

    • The term “default” has been defined as “failure due to absence of reasonable diligence on the part of the party offering the Will for probate.”

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