Legal Question in Wills and Trusts in Texas

Deceased grandmother with lost will

My grandmother died in Oct 2004, and my grandfather is unable to find her will. He is a stubborn man who refuses to proceed without the will, so he insists on continuing a search for the will. What is the procedure one follows when there is no will for the deceased spouse? Approximately what kinds of costs are associated with the procedures?


Asked on 6/05/06, 4:57 pm

3 Answers from Attorneys
Charles White Charles G. White

Re: Deceased grandmother with lost will

Hopefully, you know the lawyer who prepared the will and that he is still in practice. If so, he can probate a copy as a lost will. If he has the copy, the cost probably will not be that much more, if any more at all, than probating the original will.

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Answered on 6/06/06, 3:46 pm
James Grissom Law Office of James P. Grissom

Re: Deceased grandmother with lost will

If someone knows what was in the will, the lost will can be probated. Otherwise, your mother's estate can be probated without a will. In that case, your father inherits the estate with the children and their heirs.

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Answered on 6/05/06, 5:26 pm
Peter Bradie Bradie, Bradie & Bradie

Re: Deceased grandmother with lost will

If her estate requires administration, the procedure is to file an Application To Determine Heirship. It's a little more expensive than probating a will, but not by much. If all her children were of that marriage, your grandfather would inherit everything that was community property.

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Answered on 6/05/06, 8:08 pm


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