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?
3 Answers from Attorneys
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.
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.
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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