Articles Posted in Probate and Wills

What if I can’t find my loved ones will? 

Talking to an attorney about drafting your will is not the most pleasurable experience. But, as the saying goes, there are two things certain in life, death and taxes. I can’t tell you much about taxes, but I know a little about what happens to your estate after you die. Two best pieces of advice I can give you is 1. Have a will and 2. Tell everyone where the original will is! 

If your loved one has passed and you can’t find the will, you can still file to have the estate probated. According to the laws of Texas, the original will is what is needed to be produced in court when probating a loved one’s estate. Sometimes, though, the original will can be lost, so luckily, the Estates Code allows for alternatives. 

What happens at a probate prove up hearing? 

If you are proving up an estate with a valid will.  

If your loved one passed away with a will, this is the simplest prove up in the probate process. After we file our application to probate the will, the court will notify us of when we can have the will “proved up.” If there is a valid will, the court only requires the applicant (you) and attorney to show up to court.