Houston, TX asked in Probate for Texas

Q: I need to find out if my mothers will is still good.

My step father and mother purchased a house and put it in their will to go to each other depending on who passed first. After they are both gone it will go to 2 of the grandchildren. My step father passed and then my mother and neither of them registered their will at the court house so is the will still to be followed accordingly?

My stepfather passed 6 years ago and my mother never probated the will. Is it still a valid will? If not then who does her home go to?

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1 Lawyer Answer
Tammy L. Wincott
Tammy L. Wincott
Answered
  • Probate Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: I'm sorry for your losses. One part of determining a will valid is whether or not they passed within the last 4 years as you must probate a will within 4 years. A will does not have to be registered with a courthouse to make it a valid will; however, in order for items/property, etc. to pass as wished it will need to be probated in court (makes everything official).

Best wishes.

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