Do you know where your Original Will is kept?

Technically in Texas, you are not probating a copy of a WILL but probating a lost will. When an original Will is not found, the presumption is that the Will was revoked.  Having a copy of the Will is still important to help prove up the contents of the lost will.  Most courts were receptive to the probate of the copy of the will and just required some extra formalities.  In my experience, the tide has changed recently, where the courts are following the code more closely and requiring more stringent notices to heirs and requiring more testimony.  Some courts are requesting an ad litem (second attorney) to be appointed to the case. This causes the probate to be delayed and to cost more in fees (ie the second lawyer). Also, if this is a situation where the decedent wanted to leave someone out of the estate or it’s a blended family, this will require all heirs to get notified which will likely move this case into the contested arena as such heir will now be able to assert their rights under the heirship to the estate. Your heirs are sometimes not who you think they are and the notification must be a signed waiver (which they may not cooperate) or the cost of an in-service process server.

I have been contacted numerous times where the original WILL was not found.  It could just be misplaced. Also, many attorneys would hold onto the originals and decades later when the family needs the Will for the probate, the attorney is retired, deceased and no longer has access to the original WILL. If you have a WILL, PLEASE verify your location of the WILL and confirm you have the original or that the Original is safe. Make sure your executor(s) know where that original is located.  If the original WILL is being held by the law firm, confirm with such firm the safe contents of the WILL and verify the ongoing safekeeping of such WILL.