What Are Texas Probate Requirements?


Quick Answer

Texas probate requirements include a time limit of four years that the executor has from the date of death of the testator to file his will for probate, Legal Zoom says. If the will is not filed within that time frame, the assets are distributed according to the laws of intestacy.

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Full Answer

After a will is filed for probate, the executor has two weeks before a hearing can be held, Legal Zoom says. This is so the court can provide proper notice to the public. From there, the court issues letters testamentary, and the executor must provide proper notice to all creditors of the estate. The law gives the executor one month from the time letters testamentary is received to the time the executor can publish a notice in the local paper as notification of the creditors.

The executor must notify the beneficiaries as well, and that time limit as set by law is 60 days, Legal Zoom notes. The executor must send certified letters to all beneficiaries named in the will, and within 90 days he must file an affidavit with the court that attests the executor did provide the proper notice to the beneficiaries.

There are a number of different factors that influence the time frame to probate the estate, Legal Zoom warns. The first is the size of the estate, and the second is if a creditor files a claim against the estate. This could cause the process to be longer and more costly.

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