Under Texas law, the deadline to probate a will in Texas is within four years. This rule is found in Texas Estates Code § 256.003:
… a will may not be admitted to probate after the fourth anniversary of the testator’s death unless it is shown by proof that the applicant for the probate of the will was not in default in failing to present the will for probate on or before the fourth anniversary of the testator’s death.
Beyond this timeframe, the courts typically require a compelling justification or substantiated proof that the applicant was not in default for their failure to initiate the probate proceedings within the statutory four-year window. Such justifications often revolve around circumstances where the applicant was unaware of the necessity for probate, the existence of the will, or other pertinent factors that might have impeded timely action.
The four-year rule noted above is the general rule for when the will has to be probated. It is imperative to underscore that the four-year rule for probate does not grant the person in possession of the original will the liberty to remain inactive for an extended period.
The delivery requirement exists independently of the four-year probate deadline and is designed to guarantee that the original will is properly preserved, accessible, and available for probate when the need arises. Moreover, it does not bestow upon them the right to keep the will concealed or withheld from relevant parties.
As such, the person who has the original will is required to deliver the will to the county clerk. This requirement is found in Texas Estates Code § 252.201.
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Disclaimer: The content of this website is for informational purposes only and should not be construed as legal advice and should not be acted upon without consulting a qualified probate attorney.
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