Legal Question in Wills and Trusts in Texas
finding a will
Grandfather passed away a month ago. Family can not locate a will. Some family stating there is a will,some stating there is not one. What should we do?
2 Answers from Attorneys
Re: finding a will
Some places to look: Safe deposit box. Upon proof of death and request, the bank must look in the box to see if there's a will. If so, they can deliver it to the executor, or straight to the court. If you don't know where he may have had a box, try different banks where he had accounts, or near where he lived.
Try the County Clerk's office. People can store their wills there for a fee.
Try your grandfather's lawyer, or any lawyer you think he may have gone to - sometimes lawyers keep the original will, and usually they keep a copy. It is possible (but not easy) to probate a copy of a will.
(Of course some of these suggestions are a whole lot easier in a small community.)
You should talk to those family members who say there was a will, and ask if they ever read it or saw it.
But bottom line, if no will can be found, grandfather's property will pass by intestacy.
You will need a lawyer's help, whether there is a will or not. The lawyer's fees will be paid out of your grandfather's estate.
Re: finding a will
If there is no will, you will have to file for a dependent administration and the estate passes to the heirs according to the laws of intestacy. Any good lawyer should be able to do this for you.