I am equally confident that most people do not realize that in the state of Texas a will is not effective if it is not probated.  In other words, just because Mom gave the home to brother in her will, if the will is not probated, then that provision is ineffectual.  Texas Probate Code Section 94 speaks to this provision specifically:

Except as hereinafter provided with respect to foreign wills, no will shall be effectual for the purpose of proving title to, or the right to the possession of, any real or personal property disposed of by will, until such will has been admitted to probate.

So that will that has been sitting on the cabinet “declaring” the home was given to you by Mom is not effective unless the has been probated in the state of Texas or the foreign will provisions of the Texas Probate Code apply.

If you and/or you family members decide they wish to probate the will, don’t sit on that decision too long.  Generally speaking, a will must be probated within in four (4) years of the death of the testator.  There is an exception to this four year rule but I will leave that for a later discussion.

Bottom Line:  A will must be probated to be effective and, generally speaking, the will must be admitted to probate within four (4) years of the death of your loved one.