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Robert A. Ray
If you feel that you have lost an inheritance or are going to lose an inheritance; need to remove a Trustee due to a mismanaged estate or due to unscrupulous relatives; or, if you are considering contesting a will, we would be happy to give you a free, confidential review of the merits of your case.
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We have 12 guests online| How Can You Probate a Lost Will? |
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In order to probate a lost will, the proponent of the will has to overcome that presumption of revocation as well as prove the contents of the lost will. The Texas probate code has a section that deals specifically with lost wills and what is required to prove them up (PC §85). A proponent of a written will which cannot be produced in court must prove:
If the proponent of the will proves the three things above, the court will admit a loss will to probate. 324 S.W.3d 257 |
A problem that comes up from time to time is the issue of a lost will. Lost wills are problems because there is a presumption that when a will cannot be found, the testator revoked the will by destroying it. One of the methods by which a will can be revoked is by destroying the
original copy of the will. When a will was last known to be in the decedent's
possession and cannot be located after death, a rebuttable presumption
of revocation arises. In order to overcome that presumption, the
proponent of the will must prove that the testator continued to have
affection for the chief beneficiary of the lost will. If the continued
affection is proven and there is no evidence to show the decedent was
dissatisfied with the will or had any desire to cancel or change the
will, the proof is sufficient for the court to admit the lost will to
probate. This assumes of course that the requirements of proving the
contents of the lost will have been met.