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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 118773
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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How long in Texas do you have to probate a will My mon passed

Customer Question

How long in Texas do you have to probate a will?
My mon passed away with a will March 21,2007. Her will has not been probated and all that remains is her home and 7 acres. There are 6 heirs with one heir living in the home.
How do probate this will? Her resident and and death where in Falls County. She was a widow.
Submitted: 6 years ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 6 years ago.
Under Texas law, if a will is not filed for probate within 5 years of the death, then the estate must go to the probate court and the will is no longer valid and the estate is probated through intestacy (like there is no will). To file for probate you need to get an attorney, since there is more than one heir, and they need to file the case for probate in the probate court in Falls County probate court. It consists of filing a petition to probate together with a copy of the will and an accounting of her estate. If there are no disputes amongst the heirs, generally within about 12 months probate can be completed.

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Customer: replied 6 years ago.
<p>If mom will was filed tommor for probate on the 4 year anniversity, what will the cost and steps needed to be taken. Her home and 5 acres had a over 65 and farm exemtions.</p><p> </p>
Expert:  Law Educator, Esq. replied 6 years ago.
What happens is that the attorney files a petition for probate together with a copy of the will and an accounting of all assets and debts of your mom. Depending on the value of those assets, the estate may go through a summary or shortened probate, but the cost should be roughly no more than 3% of the total value of your mom's estate.