Do you still have to go to probate if there is a will?
Yes. Having a will makes the probate process much easier on each named beneficiary. But estate assets are still required to pass through probate while the will is examined.
In Texas, an executor is given 4 years from when the person that drafted the will passed away to file for probate. If such time elapses and the executor fails to file the will, the estate's assets will be distributed. The distribution takes place in line with the laws of intestacy. It will be assumed that there is no will.