Legal Question in Wills and Trusts in Texas

Filing of Wills

When is a Will filed in Court? Is it right after it is written signed and notorized by attorney? Or is it After the Will was read and executed? We know for a fact our father had a Will however when we went to Court records building they didnt have it on file. If it was not 'filed' is it still a LEGAL WILL.


Asked on 12/05/06, 11:32 am

2 Answers from Attorneys
James Grissom Law Office of James P. Grissom

Re: Filing of Wills

Wills are not "filed" with the court until they are probated. So if you cannot find the will, there can be no probate of the will. There can still be a probate of the estate. Sounds like time to see a lawyer.

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Answered on 12/05/06, 11:50 am
Peter Bradie Bradie, Bradie & Bradie

Re: Filing of Wills

Wills may be filed with the county clerk for safe-keeping, but are not required to do so. Your father's will is probably kept with his other valuable papers.

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Answered on 12/06/06, 6:33 pm


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