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Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 3170
Experience:  Wills, Trusts, Probate & other Estate Matters
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What is the time limits on probating a will in Texas?

Customer Question

What is the time limits on probating a will in Texas?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. Do you mean how long you have to file for the probate of a will?
Customer: replied 1 year ago.
Yes. My grandmother's lot is being sold.
My mother would receive 1/3 of the sale if she were still alive.
It now goes to my dad's estate and he passed away a little over 4 years ago.
Do I have to probate the will?
Expert:  Dwayne B. replied 1 year ago.
You would have to do some form of probate to pass title. To file for the probate of a will you have to do so in 4 years from the date of the death. However, you may be able to do an affidavit of heirship to pass title and there is no time limit on doing that. You would need to meet with a local lawyer to see if you meet the qualifications for an affidavit of heirship. You can find a lawyer by going to and in the box for Area of Practice enter Probate.