Probate Lost Will With Probate Court
Description
How to fill out Petition To Probate Lost Will?
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FAQ
Texas law provides that, when this happens, the Will is treated as if it did not exist, and the estate passes by intestate (without a Will) succession.
This procedure is not found in any North Carolina statute, but it is a product of case law over the years. The executor or beneficiary starts the process just the same as if he or she were going to probate an original will ? by filing an application for probate with the Clerk and submitting a death certificate.
Legal Assets Will Not Transfer If the executor fails to probate a will, all the decedent's assets remain in their name indefinitely. That means the deceased individual's assets, such as their house, car or personal property, cannot transfer over to the appropriate parties without court approval.
An estate may be exempt from the probate process in certain circumstances. Under Texas Estates Code, Title 2, Chapter 205, an estate need not pass through the probate process if there is no will and the total value of the estate (not counting any homestead real estate owned by the Decedent) is $75,000 or less.
In Texas, when a person dies and leaves a will, that will must be submitted to the court. However, all wills do not have to be probated. For a will to be admitted to probate, the court must determine a necessity for administration.