QUESTION

My wife died a few years ago. I've never done anything with her will. What do I need to do?about

Asked on Jan 07th, 2013 on Wills and Probate - Texas
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2 ANSWERS

Kevin Spencer
Mr. Stenson: You have four years from the date of your wife's death to file her Will for probate.   If more than four years have elapsed from her date of death, you may still be able to probate her Will, if you can show that you were not in default for failing to file it within the four years; and, then, you may only probate it as a muniment of title, that is to say, have it found to be valid and probated to serve as a title document.  You cannot open an administration. If you cannot show that you were not in default for failing to file the will for probate within four years, then your only option is to file an Application for Determination of Heirship to have the court determine your wife's heirs and their share of her Estate. These are your only options. Sincerely, Kevin Spencer www.spencerlawpc.com 
Answered on Jan 20th, 2013 at 6:35 PM

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Collaborative Family Law Attorney serving Dallas, TX at Quaid Farish, LLC
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Please accept my sympathies on the death of your wife.  You need to get in touch with an attorney in your area who does probate work as there is a four year period from the date your wife died to probate her will.  The probate is a simple process but you need to get your Application to Probate Will filed within that four year period.   
Answered on Jan 08th, 2013 at 2:56 PM

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