Is There a Time Limt For Filing a Will in Court in Texas?

Full question:

My sister in laws father has passed away yesterday. Now he was a resident in colorado and had moved to texas to receive treatement for cancer over 2 yrs ago. He came back to colorado 6 months ago to receive treatment and ended up becoming real sick. Will he was bed ridden for 3 weeks he wrote a will. He semi-recovered and moved back to texas. Upon his death his wife had stated that she will hold onto the last will and testament of this man for as long as she wants. I just want to know how does state laws affect such, is that legal? Once i die my spouse can say the hell with it i don't want none of these people (siblings-dependents) to have nothing so im going to hold onto the will for as long as i choose? I've never had no-one that close to me die yet and this situation is screwed up to me. I've been watching this whole family fight over this guys assets (he wasn't rich but worked hard for what he got) the entire time while he was sick and lord have mercy i don't want that occurring with me. Im like super depressed that people can be so damn greedy. But in the interest of my sister n law, i think that its messed up that her father passes and this broad (his second wife) wants to be a hateful person and try and withhold what her husband wanted to happen.

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Colorado

Answer:

Texas state laws provide time limits for probating a will. Please see the following TX statutes:

§ 73 PROB. CODE. Period for Probate

(a) No will shall be admitted to probate after the lapse of four years
from the death of the testator unless it be shown by proof that the party
applying for such probate was not in default in failing to present the
same for probate within the four years aforesaid; and in no case shall
letters testamentary be issued where a will is admitted to probate after
the lapse of four years from the death of the testator.

(b) If any person shall purchase real or personal property from the
heirs of a decedent more than four years from the date of the death of
the decedent, for value, in good faith, and without knowledge of the
existence of a will, such purchaser shall be held to have good title to
the interest which such heir or heirs would have had in the absence of a
will, as against the claims of any devisees or legatees under any will
which may thereafter be offered for probate.

§ 74 PROB. CODE. Time to File Application for Letters Testamentary or
Administration

All applications for the grant of letters testamentary or of
administration upon an estate must be filed within four years after the
death of the testator or intestate; provided, that this section shall not
apply in any case where administration is necessary in order to receive or
recover funds or other property due to the estate of the decedent.

§ 75 PROB. CODE. Duty and Liability of Custodian of Will

Upon receiving notice of the death of a testator, the person having
custody of the testator's will shall deliver it to the clerk of the court
which has jurisdiction of the estate. On sworn written complaint that any
person has the last will of any testator, or any papers belonging to the
estate of a testator or intestate, the county judge shall cause said
person to be cited by personal service to appear before him and show cause
why he should not deliver such will to the court for probate, or why he
should not deliver such papers to the executor or administrator. Upon the
return of such citation served, unless delivery is made or good cause
shown, if satisfied that such person had such will or papers at the time
of filing the complaint, such judge may cause him to be arrested and
imprisoned until he shall so deliver them. Any person refusing to deliver
such will or papers shall also be liable to any person aggrieved for all
damages sustained as a result of such refusal, which damages may be
recovered in any court of competent jurisdiction.