Lost Wills

People often hide their original, signed will in secret and sometimes strange places. Sometimes individuals do not disclose much information about their will to anyone within their family, which can make it difficult to ensure that the will is carried out when they pass away. If you do not know whether your deceased loved one had a will or where it was hidden, consider checking the following places where individuals often hide secure documents.

Common Hiding Places

The best place to keep a will is in a place where it cannot be easily found or destroyed. Fireproof, flood proof hiding places are popular for keeping wills and other important documents safe. If you are looking for the will of a recently deceased family member, consider checking the following places:

  • Safe deposit box. Look for a safe deposit box key or check with any banks where the deceased had an account.
  • An attorney or county clerk. Your loved one may have kept the original, signed will in the possession of his or her attorney or county clerk for safe keeping. If you do not know who the attorney may be, look for a business card or papers with a lawyer's letterhead.
  • Home safe. Wills are often kept in home safes hidden in the bedroom, a closet, or elsewhere around the house.
  • Freezer. A freezer may seem like a strange place to keep important documents, but it helps preserves documents and protects them from fire or flood damage.
  • Filing cabinet. Important documents may be filed or may otherwise be hidden within the filing cabinet.
  • Under a mattress. Some people still try to keep wills and other important documents close, quite literally. Check the underside and insides of mattresses and under the bed for hidden documents.

Probating a Lost Will

If it can be proven that the decedent did not intentionally destroy the will, a lost will may still be probated under Texas law. Evidence of a will being involuntarily destroyed or somehow sabotaged could help in the case of a lost will. An experienced probate lawyer can help you track down an original will and probate it according to the decedent’s wishes.

Contact an Austin Probate Lawyer

For more information on lost wills and probating lost wills, contact an experienced Austin estate planning lawyer from Slater, Kennon & Pugh LLP at 512-338-1100.