by Kristen Ishihara and Chris Parker with Ishihara & Parker Law Firm PLLC

Hey there! We recently got some questions about the time frame for probating a will in Texas, and what happens if you miss the deadline. Since this is a pretty important topic, we wanted to break it down in a way that makes sense.

The 4-Year Rule: What You Need to Know

In Texas, you have four years from the date of a person’s passing to probate their will. That means if a loved one passes away, you should visit an attorney sooner rather than later to ensure the will is properly probated. If you don’t take action within those four years, the law assumes that the will never existed—which can create a whole mess of issues.

What Happens If You Miss the Deadline?

So, let’s say life gets in the way (as it often does), and four years pass without the will being probated. Are you completely out of luck? Not necessarily—but it does get more complicated.

To get the will admitted to probate after the four-year mark, you have to prove that you were not in default for failing to file it earlier. In simple terms, you have to convince the court that there was a good reason for the delay.

Common Exceptions to the Rule

There are a few situations where a late probate may still be possible:

• You weren’t the named executor – If the person who was supposed to file the will (like a surviving spouse) didn’t do it and you didn’t even know a will existed, the court may be more lenient.
• The will wasn’t found in time – Sometimes, wills get misplaced or aren’t discovered until years later. In cases where there was a legitimate reason for the delay, the court may allow a late probate.
• Recovering property for the estate – If there is unclaimed property or assets that belong to the deceased’s estate, an administrator may be appointed to recover them.

However, every case is different, and courts will not automatically approve a late probate. You have to provide evidence that the delay wasn’t due to negligence.

The Challenges of Late Probate

Even if the court accepts the late probate, there are extra hurdles:

• Giving notice to heirs – Heirs who would have inherited under Texas intestacy laws (if no will existed) must be notified. This can be tricky if there are estranged family members.
• Potential disputes – Once heirs get that notice, some might contest the will—especially if they would have inherited under state law but are left out of the will.
• Limited legal authority – After four years, an executor cannot be appointed. Instead, the will is usually only admitted to transfer property, not to manage estate affairs.

Moral of the Story? Probate the Will ASAP

At the end of the day, the best approach is to probate a will within four years. Even if the immediate need isn’t obvious, taking care of it early prevents future complications, legal battles, and extra stress for your family.

If you’ve found yourself in a situation where a will hasn’t been probated in time, don’t panic—but do reach out to an attorney. They can help figure out if an exception applies and guide you through the process.

Got more legal questions? Drop us a message, and we’d be happy to answer them!

— Chris Parker and Kristen Ishihara
Ishihara & Parker Law Firm, Longview, TX

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