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: 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. In addition, the cause for not producing the will has to be proven and the contents of the will also have to be proven. This difficulty equates to extra time, energy, and costs. This is especially true if there is a dispute as to the validity of the will, such as will contest litigation. There are a number of court cases where the execution of the will or contents of the will could not be proven. The lost or destroyed will was not admitted to probate in these cases.