Estate Law Questions? Ask an Estate Lawyer.
Hi; My goal is to provide you with great service - if you have any questions during our chat, please ask! I'll do my best to ensure your satisfaction! Section 256.102 provides that if a second will is subsequently admitted to probate, the court needs to determine if the first will needs to be set aside, and if so, whether the second will is valid, or if the decedent died intestate (neither will is valid). If the first will is set aside, all distributions would need to be restored to the estate. Since Texas allows 4 years to probate, it is unlikely that the person in possession of the second will would be liable for any damage caused by failing to come forward, unless they had actual knowledge of the proceeding; in which case, the judge may find them liable for damage sustained by the estate due to the second probate.