Texas Affidavit Waiving Citation for Probate of a Copy of a Lost Will or Codicil or Probate of a Lost Will or Codicil without a Copy. Is an affidavit that is used when an individual wishes to waive the requirement for citation of a lost will or codicil, either with or without a copy. This affidavit may be used when a decedent has died without leaving a will or codicil, or when the will or codicil cannot be found. The affidavit states that the affine has knowledge of the facts and circumstances of the lost will or codicil and that they have made a diligent search for the will or codicil. The types of Texas Affidavit Waiving Citation for Probate of a Copy of a Lost Will or Codicil or Probate of a Lost Will or Codicil without a Copy. Are as follows: • Probate of a Copy of a Lost Will or Codicil • Probate of a Lost Will or Codicil without a Copy.
Texas Affidavit Waiving Citation for Probate of a Copy of a Lost Will or Codicil or Probate of a Lost Will or Codicil without a Copy
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FAQ
Texas Estates Code §256.054 requires that an application for the probate of a lost will must include information concerning the reason the original instrument cannot be produced and must also include (among other things) the names and addresses of the devisees included in the lost will and the names and addresses of
(A) If Two Or More Persons Hold An Interest In Property Jointly, and One Joint Owner Dies Before Severance, The Interest Of The Decedent In The Joint Estate Shall Not Survive To The Remaining Joint Owner Or Owners But Shall Pass By Will Or Intestacy From The Decedent As If The Decedent's Interest Had Been Severed.
When a husband and wife have died, leaving community property, and neither the husband nor wife survived the other by 120 hours, one-half of all community property shall be distributed as if the husband had survived, and the other one-half thereof shall be distributed as if the wife had survived.
Probating a Copy of a Will in Texas. There is a presumption under Texas law that if the decedent's original will cannot be found or produced, the will is void or revoked. In other words, even if you have a copy of the will, the probate court will still treat it as if there was no will at all.
In order to have a lost will admitted to probate under Texas law, the contents of the will must be shown. A credible witness can testify to the will's contents or identify a copy of the will to meet this requirement.
The citation must: (1) contain substantially the statements made in the application for probate; (2) identify the court that will act on the application; and. (3) state the time and place of the court's action on the application.
There is a presumption under Texas law that if the decedent's original will cannot be found or produced, the will is void or revoked. In other words, even if you have a copy of the will, the probate court will still treat it as if there was no will at all.