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For many people, the loss of a loved one is often a confusing and emotional time that can distract them from paying close attention during the probate process. However, if there are any issues with your loved one’s estate during probate that require your intervention you may lose your opportunity if you are not watchful.

All probate cases have to follow strict deadlines

Texas law requires that all wills must be submitted for probate within four years of the decedent’s death. Once the probate process has begun, anyone with an interest in the estate of the decedent may raise a dispute if they disagree with how the estate is being probated. This can include the heirs of the decedent, beneficiaries under the will, creditors of the estate, or anyone else with a property interest in the estate.

If you do have an issue with how the estate is being probated, it is important that you raise those objections quickly. Under the statute of limitations, you have two years from when the will is submitted for probate to raise any issues with the way that the estate is being probated.

These challenges can range from contesting a specific provision of the will, the validity of the will when it was written, or the results of how the estate is being distributed. So long as you have the right to raise an objection, you are entitled to do so during this time.

Acting quickly when you object to the results of probate is essential

Probate courts are very strict about this two-year deadline. Even in cases where fraud is being alleged, the law has a strong presumption towards the finality of the results of probate court once that two-year statute of limitations has passed.

If you suspect that there was an issue with your loved one’s will, or if there is an issue with how their will is being probated, then you have the opportunity to act during the two years after the will was submitted for probate.

Ford + Bergner LLP is equipped to help your family with your complex probate, trust, and guardianship concerns in Dallas.