You opened every drawer, cleared every shelf and checked every single hidden corner, yet you still cannot find the original will. All you are left with is a copy of it. It is understandable if you are feeling frustrated. Here is what you need to know to assess your situation.
What does Texas law say?
If a will goes missing, there could be a dozen reasons for it. Maybe someone stole it, a disinherited relative destroyed it or it was simply lost while moving to a new house. Whatever the actual reason may be, Texas law automatically presumes that the testator destroyed or revoked the will. Overcoming this presumption may require additional evidence and, in some cases, probate litigation.
Can you take the copy to the probate court?
If you have done everything you could but still couldn’t find the original document, you may consult an attorney and take the copy of the will to the probate court. However, to have the copy accepted, you should:
- Provide an acceptable reason as to why the original document was lost
- Prove that the will was validly executed, typically through witness testimony
- Prove that the testator didn’t revoke the will
- Provide legal notice to the decedent’s heirs at law, who have the right to object
- Show that the contents of the copy reflect the true intent of the testator
If you fail to prove any one of the above, the court may distribute the assets according to Texas inheritance succession laws, as if there were no will at all.
What should be your next step?
To support your case, you may need testimony from the witnesses who signed the original will. Additionally, you should collect evidence demonstrating that the copy accurately reflects the testator’s true intent. Because disinherited relatives may contest the will, consulting an attorney experienced in probate litigation is essential to protect your rights as a beneficiary.