QUESTION
Can I probate a Will after 5 years has passed?
Asked on Feb 27th, 2012 on Wills and Probate - Texas
More details to this question:
My mother died 5 years ago. She left a Will and named me as executrix. The only thing in the will was a house that all of the heirs (me and my niece and nephew) wanted to keep so I could live in it until my death. So we did not probate the Will. We didn''t think it was required. All of her bills were paid. She had none. There was no other property to be distributed. Things have now changed and I may have to sell the house in the future. Should we probate the Will now so that is done in case we need to sell it?
1 ANSWER
There is no law that prohibits a will from being probated 5 years later. I have probated wills 20 years after death! In fact, I would encourage you to do the probate now. It may be easier to sell the house after probate is done and probate likely takes some time (here in California it takes 7 months minimum to complete a probate). I encourage you to find an experienced probate attorney in the area where your mom lived at death. Good luck to you!
Answered on Feb 28th, 2012 at 11:22 AM