If a loved one’s will is missing or ruined, you can still honor their wishes in Harris County. Texas law lets you “prove up” a lost or destroyed will if you bring the right evidence and move quickly. Your goal is to show the probate court what the will said and to rebut any presumption that the testator revoked it. With a tight plan, you can protect bequests, avoid intestacy, and keep the estate on schedule.
Start by Tracking Down the Last Known Copy
Begin with the attorney who drafted the will, the testator’s email, and any home file cabinets or cloud folders. Ask financial advisors and CPA firms whether they received a PDF. If a scanned copy exists, save the file with metadata intact and print a hard copy for exhibits. Identify the subscribing witnesses and the notary who signed the self-proving affidavit, if any. The more authentic paper and people you can assemble, the smoother your hearing will be.
Understand the Legal Test You Must Meet
To admit a lost will, you need to prove: (1) a valid will once existed; (2) you can reliably establish its contents; and (3) it was not revoked. A signed duplicate original is best, but even a clear PDF can work when paired with witness testimony. To defeat the revocation presumption, show that the testator kept the will in a place exposed to water, fire, or theft, or that others had access. Evidence of consistent estate-planning intent—like matching beneficiary designations—also helps.
Gather Witnesses Who Can Speak to Execution and Contents
Track down the two attesting witnesses listed on the will. If one is unavailable, locate anyone who saw the testator sign or who later read the will and can summarize its dispositive terms. A drafting attorney’s testimony carries weight, especially with a file note or drafting worksheet that matches the copy you offer. Prepare your witnesses with timelines—where the will was stored, when it was last seen, and how the copy was created.
Build a Paper Trail That Rebutts Revocation
If the will was stored at home, photograph the damaged safe or fireproof box, and gather insurance or police reports after a flood, fire, or burglary. If the decedent moved facilities shortly before death, get facility logs showing that staff packed and transported personal effects. If a caregiver or relative had access, document that person’s role and the lack of motive to destroy the will. Courts look for a reasonable path explaining disappearance without revocation.
File Cleanly and Be Ready for Questions
In your Harris County application, ask the court to admit a copy as the decedent’s last will and testament and identify the witnesses you will present. Attach the best available copy and a proposed order reciting the will’s terms. Bring certified death certificates, your witness list, and exhibits organized in a binder. Judges appreciate concise, credible testimony and documents that line up with the story.
Anticipate and Defuse Heir Objections
Heirs who do better without the will may argue revocation. Preempt by showing consistent beneficiary choices across payable-on-death accounts, life insurance, and retirement forms. If the will named an independent executor and waived bond, emphasize how that structure lowers costs for everyone. Offer status updates to objecting heirs so their anxiety does not morph into litigation.
Keep Momentum After the Order
Once the court admits the copy, obtain certified letters testamentary and move forward like any other independent administration. Record the order in the real-property records, notify banks, and publish creditor notice. Acting promptly shows good faith and discourages further challenges.
Protect your loved one’s intent with a focused, evidence-based approach. For help proving a lost or destroyed will in Harris County, call McCulloch & Miller, PLLC at (713) 936-9073 and get a courtroom-ready plan from day one.