Common Texas Probate Questions: Is There a Time Limit to Probate a Will?

Texas probate law is very specific about the statute of limitations that stipulate the time limits for probating a will. There may be alternatives for wills that have expired. The statute of limitations for a will is four years.

Under Texas probate law, a time limit is placed on how long an interested party can take to start the proceeding to probate a will. This amount of time is commonly referred to as the statute of limitations (SOL). Texas law stipulates that a will must be probated within 4 years from the time of death. A SOL is put into effect to allow the court to hear fresh recollections of important facts and to help with the timely start of Texas probate court proceedings.

Even though the SOL may have expired, individuals can still request to have a Determination of Heirship or have the will admitted as Muniment of Title which allows the Texas probate court to evaluate which successors should receive distributions and how much.

The Court’s Role

When a will is probated, there are many different steps, deadlines, and requirements that must be met before the assets are distributed and the liabilities are paid. For instance several applications must be completed in order to request the formal appointment of an executor, the sale of property or a family allowance. These documents can be provided to the court with the assistance of a probate attorney.

The court will oversee all aspects of the Texas probate, whether an executor is appointed or not. The proper distribution of a decedent’s assets is the sole focus of these types of proceedings and it must be handled in the best interest of the estate, as well as the heirs.

Using a Texas Probate Attorney

The majority of beneficiaries prefer to use the services of a Texas probate attorney in order to ensure that the Texas probate goes smoothly. In addition to the time limit to probate a will in Texas, there are many complex laws and procedures involved throughout the process, which makes it important to use a qualified and experienced legal professional. A Texas probate attorney can simplify the Texas probate process so that everything is handled in an efficient manner.