What Happens if a Will Is Never Filed With the Court?

 Posted on February 22, 2026 in Estate Planning

If a will is never filed with the court in Texas, the estate may be handled as if no will exists. Filing the will is an important step in the probate process because it allows the court to confirm the will’s validity and oversee the transfer of assets.

If you have questions about wills in 2026, our Flower Mound, TX estate planning lawyer can help you understand your legal responsibilities and avoid complications when handling a loved one’s estate.

Does Texas Law Require a Will To Be Filed With the Court?

Yes, Texas law requires the person who has custody of the will to file it with the court after the person’s death.

Under Texas Estates Code § 252.201, a person who has possession of a will must deliver it to the probate court within a reasonable time after learning of the person’s death. This allows the court to begin the probate process and confirm the will’s validity.

Failing to file the will can delay or prevent the proper distribution of the estate. Filing the will ensures the deceased person’s instructions are legally recognized.

What Happens if the Will Is Never Filed in Texas After Someone Dies?

If a will is never filed, the estate may be treated as intestate. This means the court distributes assets according to Texas law rather than the person’s wishes.

Under Texas Estates Code § 201.001, intestate succession determines how property is distributed when no valid will is recognized. This usually means assets go to spouses, children, or other relatives based on legal priority. The court will not uphold the will unless it is filed and accepted through probate.

Who Is Responsible for Filing the Will in Texas?

The person who has the will is responsible for filing it. People responsible for filing the will may include:

• The executor named in the will
• A family member who has the will
• The deceased person’s attorney
• Anyone else in possession of the document

Failing to file the will can create legal complications. It can also expose the person holding the will to potential legal responsibility if their delay causes financial harm or interferes with the proper administration of the estate.

What Happens if Someone Intentionally Hides or Fails To File a Will in Texas?

Intentionally hiding or failing to file a will can have serious legal consequences. Texas law requires the will to be filed so the court can determine how the estate should be handled.

Under Texas Estates Code § 252.202, a person who fails to deliver a will may be held liable for damages caused by the delay. This may include financial losses to beneficiaries. Courts take this obligation seriously.

Can a Will Still Be Filed After a Delay?

Yes, a will can still be filed after a delay. However, delays may complicate the probate process. Under Texas Estates Code § 256.003, a will generally must be filed within four years of the person’s death to be admitted to probate. After this period, probate may not be allowed unless special circumstances exist.

How Can an Estate Planning Attorney Help if a Will Was Never Filed?

An estate planning attorney can help you understand your legal responsibilities and take the proper steps to file the will. They can prepare the required documents, file the will with the correct probate court, and ensure deadlines are met.

Legal guidance is especially important if there are questions about the will, disagreements among family members, or concerns about delays. An attorney can also help protect the estate, advise the executor, and make sure the probate process moves forward correctly.

Contact Our Denton County, TX Estate Planning Attorney Today

If a will was never filed or you are unsure how to proceed, Colbert Law Group PLLC can help. We help families navigate the probate process and protect their loved ones’ wishes. Attorney Colbert’s experience also includes having served as an administrative law judge as well as a tribal judge for the Chickasaw Indian Nation. This background helps him provide valuable legal insight when handling complex estate matters.

Call 972-724-3338 to schedule a consultation with our Flower Mound, TX estate planning lawyer and protect your family’s future.