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How to Vest Interest When a Will Is Not Probated in Texas (2025 Guide)

When a loved one dies and their will never gets probated, the question becomes: How do you claim what was left to you?

In Texas, you normally have four years to probate a will. After that, things get trickier—but not impossible. If you’re wondering how to vest your interest without formal probate, you’ve got a few options.

Let’s walk through them.

First, What Happens If a Will Isn’t Probated?

If the will isn’t probated within four years of the decedent’s death:

• It generally can’t be admitted for full probate

• The estate may default to Texas intestate succession laws (like no will existed)

• You may need a court’s permission to use the will for limited purposes

But that doesn’t mean the assets are off-limits forever. It just means you’ll need a different legal route.

Option 1: Muniment of Title (Even After 4 Years)

Texas allows a will to be filed as a muniment of title—even after the 4-year deadline—if the applicant wasn’t at fault for the delay.

What it does:

• Transfers title of property (usually real estate) to the named beneficiary

• Doesn’t require full probate

You’ll need to prove:

• The will is valid

• No unpaid debts (other than a mortgage)

• The delay wasn’t due to negligence

It’s a good option if the only goal is to pass title without a full probate headache.

Option 2: Affidavit of Heirship

If the will can’t be used, you might need to fall back on heirship rules.

An affidavit of heirship is a legal document that:

• Names the rightful heirs under Texas law

• Is signed by two disinterested witnesses

• Gets filed in county land records

It can be used to transfer real estate to heirs without probate—though it’s less powerful than a court order and can be challenged.

Option 3: Small Estate Affidavit

If the total estate is worth less than $75,000 (excluding homestead and exempt property), and the deceased didn’t transfer assets to a trust or name beneficiaries:

You may be able to use a small estate affidavit to:

• Avoid probate

• Transfer assets like bank accounts or vehicles

Note: This can’t be used if there’s real estate other than the homestead.

Option 4: Intestate Succession

If the will can’t be probated or used as a muniment of title, then the estate may be treated as if no will ever existed.

Texas intestacy law determines who inherits:

• Spouse

• Children

• Parents

• Siblings

You’ll likely need to file a determination of heirship proceeding in probate court to vest title in the proper heirs.

Real-Life Example: The Forgotten Will

“Jordan” discovered a handwritten will in a family Bible five years after his uncle passed. No one had probated it.

Jordan wasn’t at fault for the delay, so with the help of a Texas probate attorney, he filed the will as a muniment of title and was able to legally transfer the family ranch into his name.

Why This All Matters

If you don’t take legal steps to vest your interest:

• You might not be able to sell or refinance inherited property

• You could lose access to bank accounts or insurance proceeds

• Title companies may reject your claim

Using one of these methods lets you establish your legal ownership—even if probate never happened.

How The Lange Firm Can Help

At The Lange Firm, we guide Texans through complex inheritance issues when:

• A will wasn’t probated in time

• Probate was skipped altogether

• Ownership is unclear or contested

We’ll help you choose the right path and file the documents you need to protect your inheritance.

Final Takeaway

A missed probate deadline doesn’t always mean you lose your inheritance.

With the right tools—like muniment of title, heirship affidavits, or intestate proceedings—you can still vest your interest in the estate.

Need help figuring out the next step? Contact The Lange Firm today to make sure you get what’s legally yours.