Probate of Lost Wills in Texas

Categories: Probate

It can be frustrating when your loved one (decedent) passes away and the family members cannot locate a Will that they know the decedent executed. You’ve searched in bank lock boxes, shoeboxes, filing cabinets, throughout the house, and even the storage building in Georgetown, and no one can locate the Will. As we discussed in previous articles, you have four years from the date of the decedent’s death to probate the Will. What do you do if you cannot find the Will? In this article we will discuss how to probate a lost Will in Texas. If you need help probating a Texas Will, contact Austin probate attorney Farren Smith for a consultation.

Probate Process in Texas

As we have discussed in other articles, probate is essentially the orderly process of winding up the business affairs of a person who has passed away. The probate process is handled in court. Family members in the Round Rock and Cedar Hill areas frequently hire an Austin probate attorney to help them with the details and paperwork of probating a Will.

Normally, the Executor named in the Will begins the probate process by attaching the original Will to an Application to Probate Will and for Issuance of Letters Testamentary, and filing the papers with the county court clerk. One of the first jobs of the court is to determine whether the Will is the last true and valid Will of the decedent.

What if the Original Will is Lost?

If you do not have the original Will to give to the court to probate, you can still go forward with the probate process. Not surprisingly, Texas has a law for when family members cannot locate a Will. Call our offices to speak with an experienced probate attorney who can assist your family.