Legal Question in Wills and Trusts in Texas
Will Probation - Time limit
My Father passed away 22 years ago and my mother never probated his will. I've told her to get her affairs in order because I don't want to deal with problems selling her
house. Is it too late to probate his will so she can write her own?
2 Answers from Attorneys
Re: Will Probation - Time limit
Generally you have 4 years from the date of death in Texas to probate a will. Sometimes, depending on the county and the judge, a will may be probated as a "Muniment of Title" after that time if it certain things can be shown.
Your mother can certainly write her own will today. The fact that your father's was never probated has nothing to do with her will.
Re: Will Probation - Time limit
Your mother's will is not dependent upon probating your father's will. His will would have to be probated as muniment of title, to show a transfer of ownership of the house into your mother's name.
She will have to show the court why the will wasn't probated earlier, since there's a four-year limit on probated a will with admistration.
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