Generally, a will should be probated as soon as possible. The Texas Probate 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.
Related posts:
Do you have any questions? Would you like to learn more about how estate planning can help you protect your family? Register now for a free, no obligation consultation.
Return to Texas Wills and Trust Online home page →
