This article was based on “Lost Wills” by Russell W. Hall When it comes to probate in Texas, original wills are the way to go. But if a will is missing or destroyed, then probating becomes much more difficult. You can avoid future headaches by safeguarding the original. But what if you’re unable to find the original? While it’s possible to use a copy of the will, the probate process becomes much more complex—and for good reason. Texas has additional requirements in place to make sure that everyone has a chance to be heard. This means disinherited and inherited individuals alike will have a chance to contest the copy of the will. Let’s go over what to expect from probate in Texas. THE PROCESS OF PROBATING AN ORIGINAL WILL First, let’s look at the best-case probate scenario. An individual makes a will and doesn’t change their mind. They must sign a typewritten will before two witnesses, then a notary must take everyone’s acknowledgment and attach a self-proving affidavit. Once the individual dies, they cannot testify. The witnesses won’t have to testify either. Even though the probate application is public, no one will receive an advance copy or personal notice. The hearing is prompt …

Whether you recently graduated from law school or just landed a job as a first-year associate, congratulations! Transitioning into the “real world” of law is understandably daunting, but with the right guidance, you’ll be able to make the most of your first year and set the groundwork for a successful future in the legal profession.

Did you know many Texas Bar Practice publications are available as monthly and yearly online subscriptions? It’s true! Our online subscriptions offer a wide range of benefits, from convenient access to affordability, and can be a great alternative to purchasing hard copies. Our online subscriptions are updated regularly, so you won’t have to worry about using outdated material. Above all else is the simplicity of access. All you need is an internet connection and a web browser, and you’re set! Let’s take a look at the main reasons you should consider online subscriptions from Texas Bar Practice. WHICH TEXAS BAR PRACTICE TITLES ARE CURRENTLY AVAILABLE AS ONLINE SUBSCRIPTIONS? Currently, eight of our publications are available as online subscriptions. In fact, the Texas Criminal Pattern Jury Charges is only available as an online subscription. Take a look at what we have to offer below. If you’re interested in any of the titles, you can preview them on this page. Texas Business Organizations Manual Texas Collections Manual Texas Criminal Pattern Jury Charges Texas Family Law Practice Manual Texas Foreclosure Manual Texas Guardianship Manual Texas Probate System Texas Real Estate Forms Manual If you’re a law school student or educator, you can access our online subscriptions and digital …

By Rebekah Steely Brooker and John Meredith   Rebekah Steely Brookeris a partner at Scheef & Stone. She is a member of the State Bar of Texas Women in the Profession Committee; Board of Directors 2012-2015.     John Meredith is the Chief Operating Officer for Chamberlain Hrdlicka. He is also the Vice Chair of the State Bar of Texas Law Practice Management Committee.

Death is a fact of life. While it can be a sobering thought, it’s necessary for lawyers to have a plan in place so everyone is prepared. This is where custodian attorneys come into play.