Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
When a loved one passes, you may need to confirm whether they left a will or other estate planning documents. Under Texas law, a valid will must meet execution requirements and, if deposited with a county clerk or the state registry, may be located through public records.
1. Search the Decedent’s Personal Effects
Begin by examining the decedent’s home, safe deposit box, files, or computer for any signed documents labeled as “Last Will” or “Estate Plan.” Look for originals, self-proving affidavits, trusts, powers of attorney, or health care directives.
2. Contact the County Clerk’s Office
In Texas, a will may be voluntarily deposited with the clerk of any county. To check, visit or call the county clerk’s office where the decedent lived. Provide the decedent’s full name and date of death. If they registered a will, the clerk can confirm its existence and how to obtain a copy.
3. Search the Texas Wills Registry
Under Texas Estates Code §254.151, an individual may register a will with the Texas Wills Registry. The registry can confirm if a will exists statewide. You can submit a request online or by mail to:
Office of Court Administration
P.O. Box 12066
Austin, TX 78711
4. Review Probate Court Records
Check the probate records at the district or statutory probate court in the county where the decedent resided. If someone has already filed the will for probate, the court file will contain a copy. Probate proceedings generally follow Texas Estates Code §255.051, which governs filing an application to admit a will to probate.
5. Consult the Decedent’s Attorney or Financial Advisor
If the decedent worked with an attorney, financial planner, or accountant to draft estate planning documents, contact those professionals. They may hold the original or certify copies of the will, trust instruments, or advance directives.
6. Verify Execution Formalities
To be valid in Texas, a will must:
- Be in writing (§251.101, Execution of Wills);
- Be signed by the testator, or by another person in the testator’s presence and at the testator’s direction;
- Be attested by two credible witnesses, each of whom signs in the testator’s presence;
- Include language showing the testator’s intent to make the document their will.
If you locate a document that appears to meet these requirements, it is likely valid. However, submit it to the probate court for formal admission.
Helpful Hints
- Keep a list of contacts for attorneys, banks, and planners who may hold documents.
- Check multiple counties if the decedent moved before death.
- Ask family members or executors if they know of any online storage or vault services used.
- Be prepared to show your identification and relationship to the decedent when requesting records.
- Consult a probate attorney if you encounter missing, ambiguous, or contested documents.