If you cannot find the original will, you may be able to probate a copy of the will. You will have to provide to the Court some reasonable explanation as to what happened to the original and some proof that the copy is accurate. Make sure to look everywhere before trying to probate a copy.
You should check everywhere: with the lawyer who drafted the will, safe deposit boxes, etc. before trying to probate a copy of the will. If you don't know the lawyer's name, try looking in the decedent's financial records and see if you can find a paid check or bill from the lawyer.
If the will is really lost, Then you should contact Pyke and Associates for further direction.
Thursday, May 26, 2011
If I just file the will, am I done?
If I just "file the will" with the court will I be done? Although Texas has great probate laws that make probating wills easy and relatively inexpensive. No, it isn't that easy. The purpose of probate is to provide an organized system for someone to take charge over the estate. If you could just "file the will" there would be no control and an identity thief could steal the estate. Creditors wouldn't know who to deal with. Title companies wouldn't know who had the right to sell the property.
Probate establishes a procedure, which is vastly simplified in Texas, to establish control over the estate while giving fair notice and procedure to heirs, beneficiaries and creditors. Probate shouldn't be expensive, but you do need an attorney. A very big plus is to have an attorney who does it often and knows each Court's procedures and requirements.
FYI, Lawyers don't earn a percentage of the estate and the Judge just earns his salary. Thankfully, some lawyers, like David Pyke of Pyke & Associates (www.dallasprobatelaw.com) probate wills at reasonable rates.
Probate establishes a procedure, which is vastly simplified in Texas, to establish control over the estate while giving fair notice and procedure to heirs, beneficiaries and creditors. Probate shouldn't be expensive, but you do need an attorney. A very big plus is to have an attorney who does it often and knows each Court's procedures and requirements.
FYI, Lawyers don't earn a percentage of the estate and the Judge just earns his salary. Thankfully, some lawyers, like David Pyke of Pyke & Associates (www.dallasprobatelaw.com) probate wills at reasonable rates.
Online wills? One size does not fit all
If you want a quicky will, some stores sell will kits and forms can be found online. Is that a good idea? Well, it is probably worth what you pay for it. Will law is specific to each state. An example is: A Florida will may not be good in Texas.
So, will kits or forms drafted for everyone are not one size fits all. Most people have a lot of questions about the drafting of a will that the kits on online forms don't answer at all. You really need a lawyer for this one and it isn't expensive.
Learn more at www.dallasprobatelaw.com
So, will kits or forms drafted for everyone are not one size fits all. Most people have a lot of questions about the drafting of a will that the kits on online forms don't answer at all. You really need a lawyer for this one and it isn't expensive.
Learn more at www.dallasprobatelaw.com