Texas Estates Code 256.003 – Period for Admitting Will to Probate; Protection for Certain Purchasers
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(a) Except as provided by Section 501.001 with respect to a foreign will, a will may not be admitted to probate after the fourth anniversary of the testator‘s death unless it is shown by proof that the applicant for the probate of the will was not in default in failing to present the will for probate on or before the fourth anniversary of the testator’s death.
(b) Except as provided by Section 501.006 with respect to a foreign will, letters testamentary may not be issued if a will is admitted to probate after the fourth anniversary of the testator’s death unless it is shown that the application for probate was filed on or before the fourth anniversary of the testator’s death.
Terms Used In Texas Estates Code 256.003
- Decedent: A deceased person.
- Devisee: includes a legatee. See Texas Estates Code 22.009
- Heir: means a person who is entitled under the statutes of descent and distribution to a part of the estate of a decedent who dies intestate. See Texas Estates Code 22.015
- Person: includes a natural person and a corporation. See Texas Estates Code 22.027
- Probate: Proving a will
- Property: means real and personal property. See Texas Government Code 311.005
- Testator: A male person who leaves a will at death.
(c) A person who for value, in good faith, and without knowledge of the existence of a will purchases property from a decedent‘s heirs after the fourth anniversary of the decedent’s death shall be held to have good title to the interest that the heir or heirs would have had in the absence of a will, as against the claim of any devisee under any will that is subsequently offered for probate.