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Although you can submit a copy of the Will to the Texas probate court where you file your probate case, there's no guarantee the probate judge will accept the copy. You should keep in mind that probating a copy of a Will is more difficult than probating an original Will.
Simplified probate: Muniment of title A muniment of title is a way to probate a will by transferring assets directly to beneficiaries, without having to go through the full administration process. It can take as little as 30 days to complete this type of probate, saving your loved ones time and effort.
Technically speaking, there is no such thing as probate of a copy of a will in Texas. Technically, when you only have a photocopy of the will, the court is probating the lost will using the photocopy as evidence as to the contents of the lost will.
Online legal documents can be out of date, inaccurate or downright wrong which makes them flawed and could be legally rejected. "While a form may be OK, it may not be recognized, depending on the institution and the person behind the desk there," said a estate planning attorney from New York.
Texas law allows a copy of a will to be probated if the original cannot be found. A party seeking to probate a copy, rather than the original, must prove the will in the same manner provided for an attested will or holographic will.
It is necessary to probate a Will when the estate includes assets titled in the decedent's name. The Texas Estates Code specifically says that Will is not effective to prove title to or the right to possession of any property disposed of by the Will until the Will is admitted to probate.
Is it possible in Texas to probate a will without finding the original? Texas law does allow ? at least under some circumstances ? for the probate of a copy. In rare instances, it can even administer the estate through the terms of a will where even a copy is not available.
When a will is filed for probate, it is a public document and anyone can get a copy of it. The probate is filed with the county clerk of the county in which the decedent resided when he died. Contact the county clerk and ask for a copy.