The process of probating a will in Texas

| Nov 13, 2020 | Probate Administration |

The probate process takes place after a person dies whether there was a valid will or not. When there is a valid will, the process is more straightforward than when there is not. Nevertheless, it can still expend a lot of time and money. 

The will does not take effect until it goes through probate. A will can only go through probate after the person who made it out has died. Any will submitted for probate prior to the testator’s death becomes void. There are specific regulations that apply to the probate of a valid will in Texas. 

Who can apply for probate of a will?

Depending on the circumstances, such as when the will is in another state or has become lost, any interested person may be able to file a probate application. However, the testator usually names an executor when making out a will. The named executor then has the responsibility of applying for probate. 

What is the period for admitting a will to probate?

Generally, the application for probate must take place within four years of the testator’s death. Under certain circumstances, it may be possible to apply for probate after this period has elapsed. 

What must the application include?

In addition to the will itself, the application must contain information such as the testator’s name, the applicant’s name, the date of the will and the relevant details of the testator’s death. These are only a few examples of the information required. It may not be possible to obtain all the information, but the applicant should exercise all due diligence in trying to find it.