Legal Question in Wills and Trusts in Texas
Copy of will, not oiginal
I am about to probate my father's estate. My father had a will done at his lawyer's office. The problem is my father made several copies of his will, one copy for the fire safe, one copy for his office, one copy at home, and I have been unable to locate the actual original document he signed. Will the court accept a copy of an original will? How is this handled? Can a copy of the will be certified some way.
2 Answers from Attorneys
Re: Copy of will, not oiginal
You can probate a copy of a will IF you ask the court's permission, and the court grants you such permission. It's much easier to actually locatet the original, however. I'd suggest you ask the court for an order to allow you access to the safe deposit box to see if an original will is in there. You should also check the county clerk's office, and the lawyer who prepared the olriginal will to see if the originals are there.
Re: Copy of will, not oiginal
In order to probate a copy of a will, you'll have to show why the original can't be produced. There is a legal presumption, difficult to rebut, that a missing original means the maker destroyed the will to invalidate it.
If you can't find the original, you may have to have a determination of heirship and have the estate pass by intestacy. Try the safety deposit box, or see if the will was recorded with the County Clerk, or see if the attorney may have the original for safe-keeping.
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