Gainesville, TX asked in Estate Planning for Texas

Q: Thing is, it is a copy of his will and that includes the notary. Does that matter?

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2 Lawyer Answers
Terry Lynn Garrett
Terry Lynn Garrett
PREMIUM
Answered
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: A copy of a properly executed and witnessed will with a properly executed, witnessed and notarized affidavit can be admitted to probate if both witness (or one witness and the notary) testify that it is a copy of the will they witnessed (notarized.) Take the copy to a local probate lawyer and apply to have it admitted to probate and the assets distributed to the people named in the copy of the will.

Kenneth V Zichi and Ross F. Tew agree with this answer

1 user found this answer helpful

Ross F. Tew
Ross F. Tew
Answered
  • Estate Planning Lawyer
  • Arlington, TX
  • Licensed in Texas

A: You may or may not need to probate the will, and depending on how long it has been since the person passed and the availability of necessary witnesses, you may not be able to get the will into probate. You should take the copy of the will and the death certificate to an attorney and let he or she explain what options you have to settle the estate.

1 user found this answer helpful

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