Can you probate a copy of a will in Texas?

To fulfill your loved one’s wishes according to their last will, you will need to submit their will to probate court. And to do that, you must have its original copy. But what if you cannot find the original will?

In Texas, it is possible to file a copy of your loved one’s will to start the probate process. However, here are some conditions you need to be aware of.

You must exhaust all possible ways to find the original will

Before you can submit a copy of a will, the court will expect you to make diligent efforts to locate the original. Thus, you must make every effort to find it, including but not limited to:

• Searching your loved one’s home and belongings
• Checking safety deposit boxes, banks or electronic storage
• Speaking to family and friends about the location of the will

You can also try contacting your loved one’s estate planning attorney to see if they have the latest copy of the will. If they only have an outdated copy but it is an original, the court may accept it.

The court may ask you for evidence

Generally, Texas probate courts only accept originals. However, you can try probating a copy if you are still looking for the original will despite exhausting all possibilities.

However, the court may ask for evidence that the original will only be found after a diligent search. This may include testimony or affidavits from individuals involved in the search or who have knowledge of the will’s whereabouts.

Additionally, you may need to show that the will was not intentionally destroyed or revoked by the deceased. This could involve testimony from witnesses who were aware of the testator’s intentions. You might also need to provide testimony from witnesses who can verify the contents of the will and confirm that it reflects the testator’s intentions.

There is no guarantee the court will accept a copy

Accepting a will’s copy is ultimately up to the court’s prerogative. If they cannot confirm the validity or authenticity of the copy, you may have to seek alternative options for estate administration.

In any case, it is highly advisable to consult an attorney who can help you find the best solution to a lost original will. With the right guidance, you can still fulfill your loved one’s wishes according to their last will.