Legal Question in Wills and Trusts in Texas
Probating a Will in Texas
Probating a Will in Texas?
My father passed away in 1978. The estate involves stock and real estate.
My father�s Will states that the stock (I have no idea what the stock consist of) is to be divided between my stepmother, sister and myself. The real estate goes to my sister and myself. My stepmother got the insurance policies and bank accounts.
My stepmother is the Executrix. I�ve asked her to have the will probated numerous times over the years, but each time she has found some excuse not to. The Will states that she may live on the property until her death or abandonment of the property and I have no problem with that.
I would like to have the Will probated to have the title of the real estate changed to my sister and myself. I�m currently trying to put my own estate in order and do not know how to handle the property since the Will has not been probated.
I�ve been nice and patient for over 20 years.
Is there a time limit on the Will?
Is there a time limit on probating the Will?
What if my stepmother passes on and the Will is never probated?
How can I find out what the stock consisted of?
Thank You,
--name removed--
1 Answer from Attorneys
Re: Probating a Will in Texas
The will can be probated as muniment of title; tranfer of title only, without administration of the estate. If an estate needs administration, the will has to be entered in probate within four years from the date of decedent's death.
If you can get your hands on the original of the will, you can apply to have it probated; a copy is insufficient. If your father's estate is never probated, and your stepmother dies, you'll have to first place your father's estate in probate to determine what has passed to your stepmother. That would be an expensive mess.
The alternative would be to move for a determination of heirship, essentially saying that your father died without leaving a valid will. That may force your stepmother to produce the will since she may get more with the will than without it.
In either case, you will have to take the initiative. Get a lawyer that handles probate litigation that practices in the county where your father lived.
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