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Jasper L. Edwards
State laws provide clear guidelines
regarding the distribution of a person's assets after they die. In cases where a will exists,
the personal representative or executor of the testator must file for probate within a
specified period.
Reasons a Will Must be probated
within Four Years
Filing for
probate
In a state like Texas, the executor of
the will has four years from the date the testator dies to file for probate. If he or she
doesn't file the will within the prescribed period, the laws regarding intestacy will dictate
how the assets are to be distributed.
To provide notice to the
public
Once the executor of a will files for
probate, he or she must wait approximately two weeks before they can have a hearing. The
court must provide notice to the public that a particular will was filed for probate. In
Texas, state laws require ten business working days or more.
To provide notice to the
creditors
A probate court allows the executor of
the will to act on behalf of the estate through Letters Testamentary. Once the administrator
receives these official letters from the court, he or she must provide notice to all the
estate's creditors before the set period elapses. The executor usually has one month from the
time they receive the Letters Testamentary to publish a notice in some of the local
newspapers regarding the estate's creditors.
Providing notice to the
beneficiaries
The executor of the will must provide
notice to all the relevant beneficiaries within a set time frame. In most cases, once the
probate court admits the will into probate, the executor will have 60 days to provide
certified written letters to all the beneficiaries mentioned in the will. In addition, after
receiving the court's order admitting the will to probate, he or she will have 90 days to
file an affidavit stating that they have provided the requisite notice to the will's
beneficiaries.
The entire
process
The amount of time taken to probate a
will usually varies depending on the complexities of the case. For instance, the size of an
estate can increase the probate period. However, in a state like Texas, the entire process
must be completed within four years.
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RESOURCE
BOX
Free Wills to Print provides detailed information on Free Wills, How
to Write a Will, Last Will And Testament, Living Wills and more.
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