Losing a loved one can be a devastating experience, and the emotional toll it takes on the family they leave behind can be immense. And if you cannot locate your deceased loved one’s will, the circumstances may become even more challenging.
The original will is a crucial document in the Texas probate process. Without it, the court may assume that the deceased did not leave a will, leading to a longer and more complex probate process. This is why it is vital to leave no stone unturned in your search for the will. But where exactly do you begin?
Step 1: Search their home
The first step is to conduct a thorough search of your family member’s residence. It is not uncommon for individuals to keep essential documents in a safe or secure location, so make sure to check all possible hiding spots. These include desk drawers, filing cabinets and safes. If they had a home office, this area should be a priority in your search.
Step 2: Contact their attorney
Many people leave their original, signed will with the attorney who drafted it. If you know which lawyer the deceased worked with, reach out to them directly. If you are unsure of the attorney’s identity, review your family member’s financial records for payments to law firms or individual lawyers. Bank statements, checkbooks and correspondence can provide valuable clues.
Step 3: Check with the bank
Your loved one may have stored their will in a safe deposit box at a bank. If you know which bank they used, contact the institution to inquire about any safe deposit boxes in their name. You may need to provide a certified copy of the death certificate or a court order to receive access.
When all else fails
If you have exhausted all options and still cannot locate the will, you may need to proceed as if no will exists. In Texas, this means the intestate succession laws will step in for estate distribution. While this is not ideal, it provides a legal framework for asset allocation in the absence of a will. Remember, the search for a will can be time-consuming, but it is an important step in honoring your family member’s wishes and legacy.
