Handling a missing will can be stressful, especially when you’re managing someone’s estate. In Texas, the absence of a will doesn’t prevent you from settling the estate—it just makes the process more complicated. Understanding how to proceed can save time, reduce conflict, and help you move forward with probate.
What happens when you can’t find a will?
If you believe a will exists but can’t find it, the court will treat the situation as if no will was left behind. Texas law follows intestate succession rules, which determine how the deceased’s assets will distribute among family members. The distribution depends on whether the deceased has surviving children, a spouse, or other relatives. This process can differ from what the missing will would have outlined.
What to do if the will was likely destroyed
If you suspect that the will was intentionally destroyed, the process can become more complicated. You must provide evidence that shows the deceased revoked their original will. State law allows for the possibility that a will was destroyed based on the decedent’s wishes, but you must prove that the decedent did not intend to leave behind a valid will.
Filing for a lost will in court
If you can’t locate a will but know it existed, you can petition the court for a “lost will.” To do this, you need to show that the will was never revoked and that you have a copy or other evidence of its contents. A probate court may accept a copy of the will and proceed with administering the estate according to the decedent’s wishes.
Handling the situation
Although the process can be complicated, following the right steps can reduce confusion and disputes among heirs. Search the decedent’s home, safety deposit boxes, and other places where they might have kept important documents. If you find a copy of the will or other relevant information, you may still be able to probate the estate according to the decedent’s wishes.
The Texas Estates Code provides the steps to follow when handling a missing will and ensures that the estate gets settled properly, even without a clear written document.