Legal Question in Wills and Trusts in Texas

Re: Executor Time Limit on Probating Will

A will must be probated within 4 years from the time of the decedent's death. If you have any other questions or concerns, please feel free to contact me.

Re: Executor Time Limit on Probating Will

4 years

Re: Executor Time Limit on Probating Will

If there are debts of the estate, the sooner probate is started, the better. If you wait until four years have passed before entering the will for probate, it will be too late for administration.

Anyone with an interest in the estate can move to have the will entered for probate. It does not have to be the one named as executrix or administrator.

Re: Executor Time Limit on Probating Will

If the executor named in the will neglects to present the will for probate for a period of 30 days after the testator's death, you may be able to petition the court to grant administration of the estate with will annexed. You have to prove to the court that administration of the estate is necessary and that the executor neglected to offer the will for probate within 30 days after the testator's death, that the executor failed to fulfill a known duty to probate the will and that the executor indicated no intention to probate the will in a timely manner.

Typically, a demand letter to the executor will jump start the process.

Aside from all that, there is a general four year statute of limitations to present a will for probate.

Re: Executor Time Limit on Probating Will

The statute of limitations deadline for probating a will is 4 years from the date of death. If it has been more than 30 days since the death, there are steps you can take (preferably through an attorney) to expedite the process. You should find out first if your sister needs some assistance from you to get the ball rolling. Perhaps she needs someone to take the time to set up an appointment and go with her to see an attorney. If your sister doesn't want to be executrix, she can waive the job in favor of the successor executor/rix named in the will or another qualified person if there is no successor named. Also, the creditors could demand that an estate administration be opened.