Everett H. Rothrock named his son, Jerry Rothrock, as executor of his will. When the father passed away, Jerry did not probate the will because he did not think that his father owned any significant property. Jerry entered into agreements with his siblings where they split the property amongst themselves. Fourteen years after his father’s death, in 2008, an oil and gas landman notified Jerry that his father owned mineral interests in Cherokee County. Jerry then tried to probate the will to get a share of the mineral royalties. Unfortunately, the Texas Probate Code states that a will has to be probated within four years of the decedent’s passing. The only exception is if a proponent can show that he was not in default for the untimely filing.
In Estate of Rothrock, the Tyler Court of Appeals affirmed a district court ruling that Jerry had not offered a sufficient excuse for not probating the will. The court did note that the court will base each decision of this kind on the specific facts and circumstances of each case.
See Michael Young, Failure to Probate Will Cost Son Mineral Interests, Texas Probate Litigation, Feb. 3, 2012.
Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.
