Waco, TX asked in Probate for Texas

Q: What happens if you do not file a will in Texas probate.

Under what circumstances make it possible to not have to file a will with the court?

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3 Lawyer Answers
Mr. Troy Michael Moore
PREMIUM
Mr. Troy Michael Moore
Answered
  • Probate Lawyer
  • Houston, TX
  • Licensed in Texas

A: If someone dies without a Will, they are said to have died Intestate. Succession is the term for who inherits the property if someone dies without a Will. There is no deadline to file an Heirship but you have four years from the date of death to file an Administration of the Estate.

2 users found this answer helpful

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

A: You are supposed to file a will within 4 years; there are some exceptions for filing late; however, not many. Assets don't get turned over to the state just because someone dies without a will; as answered before, intestate is a term for how the State determines who inherits property if there is no will.

Keep in mind, if there is a known will, there is a duty to probate it, unless it is unnecessary. I suggest you consult with a probate attorney in the correct jurisdiction.

2 users found this answer helpful

Terry Lynn Garrett
PREMIUM
Terry Lynn Garrett
Answered
  • Probate Lawyer
  • Austin, TX
  • Licensed in Texas

A: It is a crime to withhold a Will.

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