How long can a Will be filed for probate?
Generally, you have 4 years from the date of the Decedent’s death to file his or her Will for probate. Although a limited exception applies with the Muniment of Title form of probate, the general rule applies that you cannot file the Will more than 4 years after the death. In the event that the Will is never filed and the 4 years lapses, then the Decedent is treated as having died without a Will, and his heirs determined under Texas law will be entitled to his assets.