Legal Question in Wills and Trusts in Texas

Mother has a will from uncle who died 13 years ago naming her the executor and leaving her a property worth $32K in Dallas Texas. We need to have the will probated thru the courts and want to know what forms we will need to present to the probate court and the cost involved.


Asked on 10/22/09, 11:20 am

2 Answers from Attorneys

You're going to have a problem because the statute of limitations on probating a will is four years, unless you can show the court why the proponent of the will wasn't in default. This may be a tall order given that so much time has elapsed. There are other mechanisms in place that may clear the title to the property, but they are fact specific.

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Answered on 10/27/09, 11:37 am
Cheryl Rivera Smith The Smith Law Firm

It's too late to probate the will. You only have 4 years after date of death. It might be possible to file the will as a muniment of title. I would estimate that legal fees for muniment would be $2000 plus filing fee and if that doesn't work, $3000 plus filing fee and publication fee for the heirship proceeding.

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Answered on 10/27/09, 4:48 pm


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