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Home FAQs How long after someone dies must his or her will be probated?

How long after someone dies must his or her will be probated?

How long after someone dies must his or her will be probated? Generally speaking, Texas state law allows four years from the date of death of the testator (the person who drafted the will) to file for probate. If the executor fails to file the will for probate within those four years, the Texas laws of intestacy will govern how the assets are distributed. This means that if the executor failed to submit the will for probate through the proper channels within four years from the death of the testator, then the state of Texas would decide who would inherit the decedent’s assets. Wills are generally probated in the state from between two months to one year following the death of the owner of the estate.

Once the executor receives these Letters of Testamentary, he or she has a specific length of time in which to provide notice to all creditors—usually one month, in which notice must be published in the local newspaper. The executor must then provide written notice to all beneficiaries. Once the will is admitted to probate, the executor usually has 60 days in which to provide certified, written letters to all beneficiaries. A copy of the will and the court order admitting the will for probate must be included with these letters to beneficiaries.

The time involved in a Texas probate can vary from estate to estate. The size and complexity of the estate have bearing on the amount of time it will take to complete probate. If a beneficiary or creditor files a claim against the estate or contests the will, the probate process is likely to be much lengthier—as well as much more expensive. It is rare that an executor would wait four years to have a will probated, although there could be certain instances where this could potentially happen.

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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

  • Practice Areas
    ▼
    • Immigration Law
      ▼
      • Naturalization
        ▼
        • Citizenship
      • Employment Sponsorship
      • Family Visas
      • Student Visas
      • Green Cards
    • Family Law
      ▼
      • Annulment
      • Divorce
      • Asset Division
      • Separate Property
      • Spousal Support
      • Child Support
      • Child Custody
      • Adoption & Termination
      • Enforcement of Orders
      • Modification of Orders
      • Visitation
      • Paternity
      • Legal Separation
      • Protective Orders
    • Personal Injury
    • Real Estate Law
    • Estate Planning
      ▼
      • Trusts
      • Wills
      • Probate
    • Construction Law
    • Corporate & Business Matters
      ▼
      • Business Formation
      • Mergers & Acquisitions 
      • Transactional Law
    • Business & Commercial Litigation
  • Attorneys
    ▼
    • Rigien Jackson
    • Kris Landrith
    • David Kulesz
    • Brent McMullen
    • Virginia Jijón-Caamaño
  • Testimonials
  • Resources
    ▼
    • FAQs
    • COVID Estate Planning Guide 
    • Family Law Definitions
  • Review Us
  • Contact