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An administrative order of the Travis County Probate Court regarding applications to probate a will more than four years after the testator's death, setting the additional requirements such applications must satisfy.
Applies to applications to probate a will more than four years after death in the Travis County Probate Court. Procedural information only; not legal advice.
Administrative Order 2023-11 In the Probate Court Number Two, Travis County, Texas Administrative Order Regarding Applications to Probate a Will More Than Four Years after the Testator's Death On this day, this Court finds there is need for an administrative order regarding applications to probate a will more than four years after the testator's death, Texas Estates Code § 256.003(a). The Court finds as follows: 1. When an applicant seeks to probate a will more than four years after the testator's death, Texas Estates Code §§ 258.051 & 258.053 require that specified notice by service of process must be given or affidavits waiving notice must be delivered to the Court before the probate of testator's will: The notices or affidavits are required (1) for each of the testator's heirs whose address can be ascertained by the applicant with reasonable diligence or (2) if another will of the testator has already been admitted to probate, for each beneficiary of the testator's previously probated will instead of the testator's heirs. The notices or affidavits must contain a statement that the testator's property will pass to the testator's heirs if the will is not admitted to probate (or, if another will of the testator has already been admitted to probate, to the beneficiaries of that will). The notices or affidavits must contain a statement that the person offering the testator's will for probate may not be in default for failing to present the will for probate during the four-year period immediately following the testator's death. Affidavits must also include a statement that the heir (or beneficiary) does not object to the offer of the testator's will for probate. If the address of any of the testator's heirs cannot be ascertained by the applicant with reasonable diligence, § 258.052 requires the court to appoint an attorney ad litem to protect the interests of the unknown heirs. 2. In all cases when an applicant seeks to probate a will more than four years after the testator's death — except when another will of the testator has already been admitted to probate — an attorney ad litem should be appointed to ensure that all heirs are identified and noticed as well as to protect the interests of any heirs who cannot be located and any heirs with a legal disability. 3. When an applicant seeks to probate a will more than four years after the testator's death, all citations prepared by the Clerk, including the citation by posting, should include the "Notice of Application to Probate a Will More than Four Years after the Testator's Death" that is attached to this Order. It is therefore ordered that when an applicant seeks to probate a will more than four years after the testator's death: 1. The Court will appoint an attorney ad litem under Estates Code § 53.104 to represent the interests of testator's unknown heirs or heirs having a legal disability, except when the application indicates that another will of the testator has previously been admitted to probate. If an attorney ad litem needs to be appointed: When an attorney ad litem will be appointed, the applicant must deposit funds toward the services of the attorney ad litem as required by Administrative Order. When an attorney ad litem will be appointed, the applicant must provide the Clerk with copies of the application and the will to be sent to the attorney ad litem. 2. The Clerk must attach to each citation issued the "Notice of Application to Probate a Will More than Four Years after the Testator's Death" that is attached to this Order. 3. All persons who would inherit as an heir of the testator if the will is not admitted to probate must either (1) be personally served with citation or (2) deliver to the Court an affidavit waiving citation and indicating that the heir does not object to the offer of the testator's will for probate. If another will of the testator has previously been admitted to probate, all beneficiaries of the testator's probated will — instead of the testator's heirs — must be personally served with citation or must deliver to the Court an affidavit waiving citation and indicating that the beneficiary does not object to the offer of the testator's will for probate. 4. When an heir or a beneficiary executes an affidavit waiving citation and waiving objection, the affidavit itself must explicitly include all of the points addressed in the attached "Notice of Application to Probate a Will More than Four Years after the Testator's Death." It is not sufficient for the affidavit to refer to an attached notice. [Footnote 1: A sample affidavit waiving citation and waiving objection is attached to this Order. The Court does not require the use of this specific form, but the Court prefers that attorneys adapt this form affidavit to ensure all necessary information is included.] Signed on October 2, 2023. [signature] Nicholas Chu, Presiding Judge Notice of Application to Probate a Will More than Four Years after the Decedent's Death You are notified of the filing in this Decedent's estate of an application to probate a will or codicil ("will") more than four years after the Decedent died. You must understand the following: 1. The testator's property will pass to the testator's heirs if the will is not admitted to probate. (Or if this will is not admitted to probate, but another will of Decedent was previously admitted to probate, Decedent's property will pass to the beneficiaries in that previously probated will.) 2. The person offering the testator's will for probate may not be in default for failing to present the will for probate during the four-year period immediately following the testator's death. Therefore, the Court will not grant the application in this case unless the applicant offers sufficient evidence to prove that he was not in default for failing to probate the will within four years of Decedent's death. As an heir of the Decedent — or as a beneficiary in Decedent's previously probated will — your rights to inherit property may be affected by the probate of a will more than four years after Decedent's death. If you want to object to the probate of the will more than four years after the Decedent's death, you need to file a written objection with the Clerk. The Clerk's citation, which is attached to this notice, indicates the date by which you should file a written objection. Note that the citation does not indicate a specific hearing date. If you sign an affidavit waiving citation, you are indicating to the Court that you do not object to the probate of the will that has been filed by the applicant more than four years after the Decedent died. You should consult an attorney if you have any questions about your rights in this probate matter. [Attached: sample Affidavit Waiving Citation and Waiving Objection for Probate of a Will More than Four Years after the Decedent's Death — In Probate Court No. 2 of Travis County, Texas. The affiant, an heir or beneficiary of the Decedent, acknowledges receipt of the application and will, understands the intestacy consequence and the default/four-year rule, understands inheritance rights may be affected, does not object to the probate, acknowledges the applicant's attorney does not represent the affiant, enters an appearance and waives issuance and service of process, and swears the affidavit was signed voluntarily.]
Administrative Order 2023-11 In the Probate Court Number Two, Travis County, Texas Administrative Order Regarding Applications to Probate a Will More Than Four Years after the Testator's Death On this day, this Court finds there is need for an administrative order regarding applications to probate a will more than four years after the testator's death, Texas Estates Code § 256.003(a). The Court fi
Reviewer note: Composed 2026-09-06 from the TOPICs custody scan at a summary level, faithful to the order's title and type (image-only). Bound to Travis County (probate). [TRANSCRIBED BY EYE 2026-09-21 (corpus-0920 P12): every page of the registered file (sha256 907434981a59..., 5 page(s), image-only scan; the OCR layer used as a typing base and corrected word by word from the page) read against the rendered file; verbatim, source typos kept, stamps/signatures bracketed; the earlier abstract replaced by the full instrument; confidence high. benchpath-tx-corpus0920-p12-2026-09-21]
9 verbatim requirements from 4th Circuit Administrative Order 1997-10.
6 verbatim requirements from 4th Circuit Administrative Order 1997-13.