It is important that the decedent’s last will and testament be provided to the court for review. However, when there is no will to submit to a Texas probate court, there is a presumption that the will was revoked by the decedent; under Texas probate standards, this is considered to be a rebuttable presumption.

Under Section 85 of the Texas Probate Code, a lost will can be admitted if the interested party can:

• Verify the contents of the will (to meet the requirements of verifying the contents of the will, witnesses can prove its existence if they had heard, read, or can identify a copy of the will)
• Satisfy the court as to why the will cannot be produced and prove that a will is in existence and in force
  Keeping a Will Safe

There are some steps that you can take to keep a final will and testament stored and safe to avoid losing the document. First, consider storing the will in a safe location, like a bank vault. Safety deposit boxes are good locations away from the home that provide security to a will.

A second option is to store the document in your home, filed away or in a protected home location. Fireproof boxes and gun vaults are two possible locations. Finally, your attorney can keep the document. An attorney is obligated to keep your information private and is a great choice for keeping a will safe and secure.

Before outlining the steps of how to probate a will in Texas, it’s important to understand the distinction between the different types of probate. There are several.

• Independent administration: This process is the usual route when a decedent had a valid will which named an executor for the estate. With an independent administration, the executor has more freedom to carry out their duties without strict oversight by a probate court. With this type of probate, another key distinction is that the executor is not required to post a bond or insurance policy for the estate.
• Dependent administration: When someone has died without a will, Texas probate law typically requires that the estate fall under a stricter oversight by the court, known as dependent administration. The administrator is required to post a surety bond, seek court approval for every step in the process of distributing an estate, and file detailed reports every year with a Texas probate court regarding the estate.
• Muniment of Title: Another process by which you can probate a will in Texas is the relatively inexpensive and simple process known as Muniment of Title. This process can be utilized when a valid will exists, the estate has no debts except secured real estate, and Medicaid has no claims against the estate to recover benefits the decedent may have received. With Muniment of Title, the court must determine that there’s no need for a probate administration and admit the will into probate as a muniment (or evidence) of title to the assets of the estate. No executor is appointed, but the person who request the Muniment of Title must file a sworn statement with the court within six months verifying that the terms of the will have been carried out.
• Small Estate Affidavit: When a decedent had no will and the value of his or her estate is $50,000 or less, the beneficiaries of the estate can file a Small Estate Affidavit (sworn statement) to collect the property without going through the probate process.

After the probate application is filed, there will be a two-week waiting period before the hearing is scheduled. During this time, the County Clerk will post what is called a Notice of Probate Administration, announcing that a probate application has been filed to any persons who may wish to contest the will or administration of the estate. If no challenges are received, a hearing is scheduled.