During a Texas probate, the estate of the decedent will undergo an administration that is based upon the probate laws of the state of Texas. In addition, the court will follow the provisions of the decedent’s will that directs the court to dispose of all assets and liabilities in accordance with the decedent’s wishes. A Houston probate attorney characteristically forms these types of legal documents.
Texas Probate – A Lost Will
It is important that the decedent’s Last Will & Testament be provided to the court for review. When there is no will to submit to Texas probate, there is a presumption that the will was revoked by the decedent; however, under Texas probate standards, this is considered to be a rebuttable presumption.
Under Section 85 of the Texas Probate Code, a lost will can be admitted if the interested party can:
- verify the contents of the will (to meet the requirements of verifying the contents of the will, witnesses can prove its existence if they had heard, read or can identify a copy of the will),
- satisfy the court as to why the will cannot be produced, and
- prove that a will is in existence and in force.
These steps should be taken with the help of a qualified Texas probate attorney in order to provide valid arguments and evidence.
A Houston Probate Attorney
It is important that you hire an attorney who specializes in estate law because they have the experience and training that is necessary to move forward with probating a lost will. When you hire a Houston probate attorney to handle these types of matters, they will be able to provide legal assistance throughout the entire Texas probate process. The attorney will file all the necessary applications for the probate and can make special requests and recommendations to the court, among many other tasks.