Losing a loved one is already upsetting. Finding out that their will is nowhere to be found can make things seem overwhelming.
If this has happened to you, there are some things that can be done.
First, find a copy of the will. A copy of the will may be able to be probated. This will require you to prove to the judge that the copy is legitimate. Witnesses will be needed to come to court, to sign documentation, or possibly have a deposition.
If you cannot find a copy of the will, you should start by contacting the attorney or law office where the will was drafted to see if a copy exists. The deceased person may also have given copies to close family members, named executors, or other beneficiaries.
If you’re unable to find any copy, unable to get any needed witnesses, or unable to prove that the copy is legitimate to the satisfaction of the court, there are other options under the Texas Estates Code that would allow transfer of property without a will. Whether or not these other options will be financially feasible or will suit your needs is something that you will need to discuss with a probate attorney.
