Full question:
Is there a statute of limitations for a will to be settled in Texas? A parent passed over a year ago and the three children (all living and willed equal parts of assets) have not settled the will as of yet. How long do they have to settle the will?
- Category: Wills and Estates
- Date:
- State: Texas
Answer:
In Texas, a will must be probated within four years of the testator's death. If a will is not presented for probate within this timeframe, it cannot be admitted unless the applicant can prove they were not at fault for the delay. Additionally, letters testamentary cannot be issued for wills admitted after four years. If someone buys property from the heirs more than four years after the decedent's death, they may obtain good title, provided they acted in good faith and were unaware of the will (Tex. Prob. Code § 73).
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