What Is The Statute Of Limitations For Settling A Will In Texas
Full Question:
Is there a statute of limitations for a will to be settled in Texas?
A parent passed over a year ago and the three children (all living and willed equal parts of assets) have not settled the will as of yet. How long do they have to settle the will?
12/19/2007 |
Category: Wills and Estates |
State: Texas |
#14153
Answer:
The following is a TX statute:
§ 73 PROB. CODE. Period for Probate
(a) No will shall be admitted to probate after the lapse of four years
from the death of the testator unless it be shown by proof that the party
applying for such probate was not in default in failing to present the
same for probate within the four years aforesaid; and in no case shall
letters testamentary be issued where a will is admitted to probate after
the lapse of four years from the death of the testator.
(b) If any person shall purchase real or personal property from the
heirs of a decedent more than four years from the date of the death of
the decedent, for value, in good faith, and without knowledge of the
existence of a will, such purchaser shall be held to have good title to
the interest which such heir or heirs would have had in the absence of a
will, as against the claims of any devisees or legatees under any will
which may thereafter be offered for probate.
Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts
1971, 62nd Leg., p. 976, ch. 173, § 8, eff. Jan. 1, 1972.
