Legal Question in Wills and Trusts in Texas

Thank you for your questions. I'll answer them below:

1. No. There's no "reading of the will." That's just on movies and TV. No one attends. The person who has possession of the will usually just takes it to the lawyer's office and drops it off.

2. All beneficiaries of the will should have a copy of the will mailed to them once the will is filed for probate. There's nothing prohibiting them from getting a copy beforehand.

3. If there's going to be a contest, you want to file it ASAP.

4. Most wills have a "residuary" clause which would control any asset not specifically disposed of in the will. If the will doesn't have this clause, Texas intestacy laws would control.

5. No.

6. Any person interested in the estate can file an application for probate. If the custodian of the will refuses, then you can petition the court to compel the custodian of the will to present it to the court.

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There's very little that I could add to Mr. Leon's perfect response to your questions. If anything, your question about jointly-owned assets raises a good issue.

An individual is entitled to dispose of any interest *that they own* under their Will. Whatever interest the decedent owns in any jointly-held asset is what passes under their Will and through probate, unless otherwise directed by the asset itself. Bank accounts that are "payable on death" or use some other contract feature are not jointly-owned.