Q: My mother's will was never probated as she left all to my living father and to the children should he precede her.

A: While it is always best practice to probate a will, her will would need to have been probated within 4 years of her passing. If it has been more than 4 years it is too late to probate her will but it might still be useful for family settlements. If all property is community property and your father is still living and a co-owner it might not be necessary. You should consult with an attorney as there are a number of unanswered questions in the way you have put your question that would determine if probate were necessary or advisable.

A: In Texas, the probate process is typically required to legally transfer assets and property according to a person's will after their passing. If your mother's will stipulated that her assets would pass to your living father and to the children if he were to precede her, it's important to understand the role of probate in this context.

If your mother's estate includes real property, valuable assets, or financial accounts that need to be transferred to the intended beneficiaries, probate may be necessary to validate the will and establish the legal authority to distribute those assets. Probate ensures that the will is legally recognized and that the instructions within it are carried out.

However, if her assets were held jointly with your father or passed directly to him outside of the probate process (for example, through joint ownership, beneficiary designations, or certain forms of community property ownership), then probate might not be necessary for those specific assets.