Legal Question in Wills and Trusts in Texas
Heir Obtaining Copy of a Will before Probate
Competent (at time of death) elderly person deceased 11/26/03. Family member named executor in legally written (e.g. written by lawyer)will. Executor lives in WI, deceased and lawyer who drew up will live in TX. Assume will be probated in Texas. One of the direct heirs (child of deceased)wants a copy of the will.
Is this heir entitled to a copy of the will?
From whom should a copy of the will be requested? Executor?
Who writes the request - requestor or requestor's legal representative?
How long should it take after the request is received for executor to provide the requested copy of the will?
Is there any reason for such a request to be denied? (e.g. the request is not written in perfect legal terms, the request is not written on a ''proper'' form, etc. etc.?
Do the 1aws regarding this narrow subject differ according to where the will is to be probated (e.g. where the deceased lived)?
Does the wioll have to be probated in the county - state - where the deceased lived and died?
Thank you for you assistance.
2 Answers from Attorneys
Re: Heir Obtaining Copy of a Will before Probate
The will must be probated in the county of residence of the decedent. The executor has the obligation to file the will for probate (usually with the assistance of a local attorney) and, in Texas, probate is a simple, inexpensive, and relatively quick process. An uncontested will probate may only take 1 - 3 months. Normally I charge around $1,500 plus filing fee to handle the probate and many of my clients are from out of state. Once the will is filed for probate it becomes public record and is accessible to anyone. As a courtesy, I get permission from the executor before furnishing a copy of the will to an heir - then I give them a copy as a courtesy. The heir or her legal representative can make the request. Providing a copy of the will prevents hard feelings within the family at this sensitive time and saves them a trip to the court. If the decedent lived in Texas any licensed Texas attorney can help you. My condolences at the loss of your loved one.
Re: Heir Obtaining Copy of a Will before Probate
A devisee is not entitled to a copy of the will before the will is entered into probate. At that time it becomes a public document and anyone can order a copy. Usually the executor will provide a copy upon request unless there's hard feelings between the parties.
The estate will be probated in the Texas county where the deceased resided.
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