Probate

Probating a Will

When Should I Probate a Will?

by Rania Combs

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.

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Comments

  1. Who Can Probate A Will – Texas Wills and Trusts Online

    January 31, 2013 at 8:50am

    […] When Should I Probate a Will? […]

  2. Elizabeth Caron

    February 22, 2019 at 3:05pm

    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?

    1. Rania Combs

      February 22, 2019 at 3:51pm

      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.”