If you don’t probate a Will, is there a time limit that the will would be invalid if you decided to probate it at a later date?

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If you don’t probate a Will, is there a time limit that the will would be invalid if you decided to probate it at a later date?

Asked on December 9, 2012 under Estate Planning, Texas

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 8 years ago | Contributor

I can't help but wonder why you asked this question.  It seems to me that heirs would want to gather and distribute assets promptly.  Perhaps no one knew about assets or the heirs did not know about the death.

In any event, it appears that Texas has a 4 year statute of limitations for probating a will.  This means that heirs have 4 years from the date of death to admit the will to probate.  If more than 4 years have passed, there may be other procedures to distribute assets.

You should consult a local Texas probate lawyer for specific information as I do not practice in Texas.


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