Question 1

What happens if you can't find the original will?

Accepted Answer

If the original will cannot be found, the estate may be treated as if the person died without a will (intestate), unless a copy can be admitted to probate. In many states, a copy can be used if you can prove the original was not intentionally destroyed by the deceased. Contact a probate attorney immediately.

Question 2

Can a copy of a will be used for probate?

Accepted Answer

In many states, yes — a copy can be admitted to probate if you can demonstrate that the original was not intentionally destroyed and that the copy is accurate. The drafting attorney can often testify about the will's contents. Laws vary by state, so consult a local probate attorney.

Question 3

How long do I have to probate a will after someone dies?

Accepted Answer

Probate filing deadlines vary significantly by state. Texas has a strict four-year deadline. Many states require filing within 30 days to a few years of the date of death. Acting quickly is always recommended — don't wait to locate the will before consulting a probate attorney.

Question 4

What if there is no will at all?

Accepted Answer

If no will exists, the estate passes through intestacy — your state's default rules for distributing assets, which typically prioritize spouses, then children, then other relatives. A probate court will appoint an administrator (rather than an executor) to manage the estate.

How to Find a Lost Will After Someone Dies