When Must a Will Be Probated?

After a loved one dies, families often ask: “Do we have to probate the will?” The answer depends on several factors, but in Texas, there are some general rules that can help guide you. You must probate a will in Texas if the deceased person owned any probate assets—meaning assets that are titled solely in their name, do not have a beneficiary designation, or are not held in a trust or with rights of survivorship. Common probate assets include a house or land in their name alone, bank accounts without a payable-on-death (POD) beneficiary, investment accounts or personal property with no designated heir. If any of these assets exist, then the will needs to be probated so that someone (usually the executor) has the legal authority to gather, manage, and distribute those assets.

In certain cases, probate may not be necessary, such as when all of the deceased's assets pass outside of probate through beneficiary designations or joint ownership. Still, some beneficiaries still choose to probate the will in these situations to preserve the distribution of assets, particularly if it differs from intestacy. A will must be probated within four years of the decedent’s date of death. After that deadline, probating a will becomes significantly more difficult and, in some cases, not possible and the intestate heirs inherit the estate. Waiting too long can lead to costly complications for your family, especially if assets need to be sold or transferred.

If your loved one has passed away and you’re unsure whether their will needs to be probated, the best step you can take is to speak with an experienced probate attorney. At The Toups Law Firm, we walk families through this process every day. Ruth-Ann Toups is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization, which means you get knowledgeable guidance from someone who knows the system inside and out. Contact us today to schedule a consultation. We’ll review your situation and help you understand your next steps with clarity and confidence.