Legal Question in Wills and Trusts in Texas
If a legal will is not presented to the Texas Probate Courts within the 4 year period from the death of the Testator, does the will become void?
Asked on 7/28/10, 5:08 pm
2 Answers from Attorneys
It's not void, but the statute of limitations has run. Some judges in Texas will allow a will to be probated (as a muniment of title only) after four years IF you can convince the judge that the proponent of the will wasn't at fault for failing to do this within four years.
Dave
http://leonlaw.com
Answered on 8/02/10, 6:10 pm
David Hays
The Hays Law Firm, P.C.
David is correct. I will add that the most typical situation wherein a judge would allow a probate after the four year statute of limitations has run is where the party seeking probate has strong evidence that the will presented for probate was not known about until after the 4 year limit had passed.
Answered on 8/03/10, 6:40 am