Title: What Happens if You Lose an Original Will? - Houston Probate Attorneys: Kreig Mitchell LLC
Headings: What Happens if You Lose an Original Will?
What Happens if You Lose an Original Will?
Lost or Destroyed Wills in Texas
Challenges Presented by Lost or Destroyed Wills

Content: Won’t a copy suffice? Challenges Presented by Lost or Destroyed Wills
The answer is that the probate court is less likely to admit anything other than the original will to probate. Texas law provides a presumption that the absence of the original will means that the will was revoked. This puts the burden on the proponent of the will to prove the will. This gets to the difficulty of a lost or destroyed will: proof. Texas law goes on to say that a will that cannot be produced in court has to be proved in the same manner as a holographic will (a holographic will is one that is in the decedent’s handwriting and that doesn’t follow all of the formalities required for wills under Texas law). It can be difficult to prove holographic wills. Witnesses, sworn testimony, etc. are required.