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.