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4-Year Requirement for Probate of Wills

Posted by John Henry | Oct 15, 2014 | 0 Comments

Mom, Dad, Friend...left a will.  Do I have to probate it? If so, is there a time period required to probate the will?

These questions while seemingly vary simple are common traps that some fall into upon the passing a loved one.  For a will's terms to be made effective by law, the will must be probated.  Further, Texas law requires that a will be probated within four years from the date of the deceased individual's passing. Section 256.003(a) of the Texas Estates Code states:

A will may not be admitted to probate after the fourth anniversary of the testator's death unless it is shown by proof that the applicant for the probate of the will was not in default in failing to present the will for probate on or before the fourth anniversary of the testator's death.

Thus, presenting a will for probate within four years of the date of the testator's death is critical to a full and complete administration of the estate involved without having to go through many procedural steps required for such a probate.  Consulting with a probate attorney can be critical to accessing some of the many issues like this one involved in the probate and estate administration process.

About the Author

John Henry

Texas Attorney John B. Henry, III, practices throughout Texas, including Harris County, Jefferson County, Galveston County, Fort Bend County and the surrounding counties. Mr. Henry is a native of Texas, and he brings his perspective and experience to represent his client with the knowledge and ca...

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