QUESTION
How long does a person have to probate a will in the state of Texas.
Asked on Jul 09th, 2013 on Wills and Probate - Texas
More details to this question:
Person passed away June 25 - as of yet no indication of a will. Anyone listed in the will should be notified if will is being read? Is there any way we could get a copy of the will?
1 ANSWER
Kevin Spencer
Wills are not officially "read". Wills are offered for probate and, if not contested, are admitted to probate. Once probated (found to be the valid last will and testament of the decedent), all named beneficiaries are entitled to receive notice under Texas Probate Code Section 128A. The notice will include a copy of the Will and will tell you that it has been probated, that an executor has been appointed and that you are a beneficiary. That is all the notice you will get. If a later will was executed that excluded you, you will never receive notice. No notice is required to be given to anyone directly prior to the Will being probated. All that is required is that a Citation be posted on the bulletin board at the courthouse in the county in which the decedent resided at the time of death. You need to continue to contact the county clerk of that particular county to see if a will for the decedent has been filed for probate. You can then go to the courthouse and see what will has been offered and whether you are in it or whether you need to contest it. This is the only way to protect your rights. Once it is probated, you have two years from the date the order admitting it to probate was signed to file your will contest.
I hope this helps you
Kevin Spencer
www.spencerlawpc.com
Answered on Aug 07th, 2013 at 7:18 PM