This pamphlet provides an overview on dealing with a lost will of a deceased person. Topics covered include suggestions for locating the will, how to probate a copy of a lost will, and how to prove the contents of a lost will.
Texas USLegal Pamphlet on Lost Wills
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If no copy of the will can be found, the Probate Registry will require the executors to draw up a reconstruction representing the original will as accurately as possible. This will need to be attached to the affidavit.
If your will was simply lost or accidentally destroyed, it still reflects your wishes. A copy of the will can be submitted to the court, and the court may (but does not have to) open a probate based on that copy.
Obtaining a Copy of a Will in TexasA will is typically filed with the county clerk of the court in which the deceased person lived when he died, so this will be the person you should contact to ask for a copy of the will.
The Beneficiaries Named in the WillAll beneficiaries named in a will are entitled to receive a copy of it so they can understand what they'll be receiving from the estate and when they'll be receiving it. 4 If any beneficiary is a minor, his natural or legal guardian should be given a copy of the will on his behalf.
Texas has a procedure for admitting a lost Will to probate. To admit an alleged lost Will to probate, in interested person must: (1) Prove that the Will was valid. (2) Establish why the Will cannot be produced, in a manner sufficient to overcome the presumption that the Testator revoked it.
A will is considered lost in Texas probate if the original will cannot be found. Probate is not impossible just because you can't find the original of a decedent's will. In Texas, a lost will can be admitted to probate.
Technically, when you only have a photocopy of the will, the court is probating the lost will using the photocopy as evidence as to the contents of the lost will. So, you have to prove that the copy of the will accurately shows the contents of the original will.
Texas law provides a presumption that the absence of the original will means that the will was revoked. This puts the burden on the proponent of the will to prove the will. This gets to the difficulty of a lost or destroyed will: proof.
Many people want their final days and plans to remain private, and this want includes the desire to control who learns about their estate plans. However, in Texas, most probate cases are public matters and appear on public records.
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