- 1). Contact a lawyer who specializes in probate. The Texas court system can be complicated, and you'll want to have someone who knows how to navigate it on your side. Provide them with a copy of the original will that explains your claim to the assets, and explain why you need to go through probate and the difficulties you're having accessing the bequests.
- 2). Draft a letter explaining why you were unable to put the will into probate before four years had passed. If you weren't having trouble accessing the funds until now, explain what changed. Give a copy of this letter to your lawyer and have them file an Application for Probate of Will and Issuance of Letters Testamentary.
- 3). Wait at least ten days while the clerk posts a notice at the courthouse showing that you have requested that the will go through probate. When the waiting period is over, have your lawyer call and request a hearing date.
- 4). Have the main beneficiary, the lawyer, and any witnesses to the will attend the hearing to explain what the deceased requested of the people stopping you from getting your assets. Once the judge approves the probate, the executor of the will must go to the County Clerk's Office to take the Oath of Executor and order the Testamentary Letters. These show that the executor is legally allowed to access and direct the estate.
- 5). Wait for the letters to be sent to the attorney. At that point, a notice will be printed in the paper and creditors claiming a part of the estate will have 30 days to make their claim. You may also have to pay federal taxes on the estate. If you are the executor, you must send out a notice to each beneficiary after the newspaper notice has been published, explaining what they're getting and how they will receive it.
- 6). Create new titles for any property, vehicles, or other titled assets once probate has finished and you are in charge of the estate.
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