in the Matter of the Estate of Willard O. Allen

OPINION

TERRY McCALL, Justice.

This is an appeal of an order admitting a will to probate as a muniment of title. Appellant, Willard Miles Allen, objected to the probate of his father’s will, alleging that his mother, Jo Ann Allen, was in default for failing to offer the will to probate within the four-year time period prescribed by Tex. PROb.Code Ann. § 73(a) (West 2003). In a bench trial, the trial court found that Jo Ann Allen, Appellee, “was not in default in failing to present the [will] for probate within the four years.” Id. The trial court admitted the will to probate.

In a single issue,…