Is It Possible To Probate A Lost Will?

Probate usually involves filing the decedent’s original Last Will and Testament with the court. But what happens when an original Will cannot be produced? Is it possible to probate a lost Will?

When an original Will cannot be produced, there is a presumption that the Testator revoked it. However, this presumption is rebuttable.

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.

(3) Substantially prove the contents of the Will, through the testimony of a credible witness who read the Will, heard the Will read, or can identify a copy of the Will.

A qualified probate attorney can help you determine how best to proceed.

Comments

  1. Where can I find the procedure for probating a lost will?

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