Legal Question in Wills and Trusts in Texas

Re: Lost Will,Heirship affidavit

Unless someone has a copy of the will, you wouldn't know of any parties who are not statutory heirs that may be beneficiaries under that will. Therefore, I wouldn't know who would need to sign off on a family settlement agreement that would provide for not probating the will. I would recommend your checking with the county clerk, to see if a will was filed for safe keeping. Aside from that, you should check the house, safe deposit box etc., and look for some clues as to wehre a will would be kept (or a reciept from a law office).

If there is no will, (i.e. she destroyed it orr revoked it) then you can have the statutory heirs sign a family settlement agreement and heirship affidavit. I would not recommend doing this without an attorney, or trying to do it on the cheap. The stakes are rather high, especially if something gets messed up.