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What if a Will is not probated right away? |
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How much time do I have to probate my father's Will? The State of Texas provides that an executor has four years to probate a Will after date of death. After the four year period, that Will is no longer valid and an administration cannot be undertaken for that estate. The decedent is now situated as an intestate.
This is a really bad situation for many people. I have seen countless people in my office telling me that Dad died and everyone knew that Mom received everything. So, the will was not probated. Many times this happens because the children left the effort to Mom in her time of grief. Well, a will is only valid for four years after Dad's death and this could produce different results than Dad intented and Mom expected. After those four years, Dad's situation is the same as an intestate. That could be bad. Refer to my FAQ about Intestacy. It's an eye-opener! Mom could lose one-half the house that Mom and Dad spent a life-time buying. |