Q: Probate in TX has an expiration of 4 years. Does that include entire process from start to finish legally?
My Brother's (ages 18 & 26) Father died in May 2021. The home is paid off, but everything is in their deceased Father's name. Vehicles, Property,Bills etc... my brother was told he needs to get Probate taken care of in order to have everything transfered in his name. What are the steps to take in that regard? And since it's been 3 years now, how much longer does he have to go about everything? There's no Will involved
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A:
There are some issues that need to be addressed. There is a 3 year time limit on filing for a Probate or Administration for an Estate in TX.
Since there was NO WILL, there MUST be an Administration filed to establish an Estate and to administer the same. An Administration is filed when there is no will.
It is not simple. You all should see an attorney who is experienced in Estates. If you want the ownership to transfer to an heir, it MUST be done through the courts. It is not very expensive. But, you need a good attorney to file, then Marshall the assets and debts. Then, the court is requested to appoint an Administrator who will manage the Estate assets.
Call my office or another on Justia, to get the Estate established. ASAP.
I hope this helps.
Anthony M. Avery agrees with this answer
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