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LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 10484
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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In Texas, if a will has been probated without contest, and

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In Texas, if a will has been probated without contest, and letters of testamentary given to the executor, and some of the assets distributed to the beneficiaries, then about a week after the original was probated, another party, not named in the original will, presents another will dated later than the original one but not previously revealed, and only then files it for probate, what effect might his have on the original will and the assets distributed to the beneficiaries?
Thank You. David in Boerne, Texas

LegalGems :

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.

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I hope you found the information I provided useful. Hopefully the probate process goes smoothly from here on out - a second will can confuse things.

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