Legal Question in Wills and Trusts in Texas
Probate Wills
Husband passed away 6 months ago. Have not probated the will because I found out he owes back income taxes. I am trying to get all papers in order to file taxes. Can any heirs or family members force me to probate the will before I get everything in order? I am independent executrix of the estate. But some family members are trying to force me to probate the will now. Please reply!
1 Answer from Attorneys
Re: Probate Wills
They really can't force you to probate your husband's will. However, if one possible heir moves for a declaration of heirship, then you'd almost have to produce the will in probate to show that there is a valid will.
The only requirement is that the will must be probated within four years from date of death if administration of the estate is required.
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