Legal Question in Wills and Trusts in Texas

Probate Laws in Texas

My step-sister passed away in December 03.She left most of her property (home, business, real estate, & insurance) to her partner/significant other in a trust. My family was aware of the trust and have no problem with it. We do not wish to contest the trust. She also left a will, that I am sure names several family members, as we discussed many times that she wanted to leave certain items and family heirlooms to these members. Her partner is her executor and has not had the will probated for some reason. In the state of Texas, is there a certain amount of time in which you have to probate a will and is there any way for myself or other family members to bypass the executor to have the will probated. Also, is there any legal way to get a copy of the will since we are her actual surviving relatives?


Asked on 6/25/04, 3:01 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Probate Laws in Texas

Any of the decedent's heirs can open an estate in probate and force the executor to probate the will. There is a 4-year limitation on probating a will that requires administration. After that the will may be probated to prove title only.

Once the will has been entered in probate you can get a copy from the court clerk.

Probate should take place where your step-sister resided.

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Answered on 6/25/04, 3:13 pm


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