Can a spouse withhold a will after a person's death?

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 law sets specific time limits for probating a will. According to Texas Probate Code § 73, a will cannot be admitted to probate more than four years after the death of the person who made it (the testator), unless the person applying for probate can prove they were not at fault for the delay. Additionally, no letters testamentary (which authorize an executor to act) will be issued if the will is offered for probate after this four-year period.

If someone purchases property from the heirs more than four years after the decedent's death and without knowledge of any existing will, they will have good title to that property (Texas Probate Code § 74).

Furthermore, Texas Probate Code § 75 states that the person who has custody of the will must deliver it to the appropriate court upon learning of the testator's death. If they refuse to do so, they may face legal action, including being compelled by a judge to surrender the will and being liable for damages caused by their refusal.

In summary, while a spouse may wish to withhold a will, Texas law provides mechanisms to ensure that wills are probated in a timely manner and that individuals who refuse to deliver a will can face legal consequences.