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?

Related Topics:
3 Lawyer Answers
Mr. Troy Michael Moore
PREMIUM
Answered

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

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
Answered

A: It is a crime to withhold a Will.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.