Q: In TX, if a will is not probated within the 4 yrs required, is the estate/assets then divided equally between the heirs?
Father died 7 yrs ago, only found out about it 2 yrs ago due to the back executor trying to filing the will with the county. I was left 10% of the assets, but since the will was never properly probated, am I entitled to an equal share (25%) since there are 4 heirs?
A: No. After four years, a Will is not void. But it can only be used to pass title (to a house or a car for example).
A:
You're mostly correct. The standard period for probate is 4 years. However, if the proponent of the Will can show that he/she is "not in default" for failing to probate the Will within 4 years, then the court can allow the Will to be probated after the 4-year deadline.
So, you should definitely have a probate lawyer! If you don't file a challenge to the probate of the Will, the judge may assume you agree to the probate of that Will. Get a probate lawyer to file a standard objection to the probate of the Will, then it makes it much tougher for the other side to push though that Will.
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