In most cases, a will should be probated as soon as possible. Section 73 of the Texas Probate Code requires that a will be offered for probate within four years of the date the Decedent dies. Under limited circumstances, a will can be offered for probate if the person offering it is not at fault for failing to present it within the four year period. After the four year period, most individuals attempting to probate a decedent’s will are going to rely on muniment of title, rather than letters testamentary.
If you have questions about probating a will or how the length of time that has elapsed since your loved one passed may affect probate, please contact me and we will discuss your situation.