Checklist for the Texas Surviving Spouse, Trustee, or Executor – Part 2

 Consider if the above Assets have Beneficiary Designations.

 Locate the Will. There is no formal requirement to file a will before death. However, a will can be “vaulted” with the county where the Decedent Resided for a fee. If you cannot locate the original will, you should consider checking with the County Probate Clerk. You should also check with the attorney who prepared the Will – sometimes Attorneys will maintain the original Will. Note, the Executor selects the Probate Attorney, you don’t have to use the Attorney who prepared the Will to probate the Will. Other places to look for an original will include the following: Bank Safe Deposit Boxes, Safes, Gun Safes, Safe Rooms, and Fire Proof Boxes. (Tip: A lot of Estate Planning & Probate Attorneys use blue ink to help us determine that the document is an original. Original documents also often have colored jackets). You should also check with other advisors such as CPAs, tax preparers, financial advisors, and insurance agents. As mentioned below at times and in certain circumstances a copy of a will may be admitted to probate. (Tip: Consider that a few companies offer digital vaulting of important documents such as Wills).

 Review the Will or Trust – Read it. The Will needs to be signed by the Testator and be witnessed by two individuals above the age of 14. Don’t assume the will is valid or invalid. Don’t assume that because its old its invalid. Don’t assume that because it was prepared by an online company that it’s valid. Generally, the Original Will is admitted to probate (meaning filed with the court and retained with the court file). However, in certain circumstances, a copy of a Will can be probated. Note, Texas also recognizes the existence of a “Holographic Will” – this Will needs to be “entirely” in the handwriting of a testator and signed. (Tip: Just signing a typed document doesn’t count). Once you locate the Will you should keep it safe because your Probate Attorney will need to review it at the initial meeting.

 Acknowledgment: You will need a Probate Attorney you cannot represent yourself in Texas Probate.

 Keep beneficiaries informed. There is no formal requirement to make a will public to the beneficiaries by “reading” a Will in Texas. A