Entries by Chris Wilmoth

Is it Too Late to Probate the Will?

You’re going through a loved one’s papers and come across a will. The person who wrote the will (a Texas resident) died years ago. What do you do? First Things First First, you should surrender the will to the county probate court where the deceased person lived. Texas law requires you to file with the […]

How to Probate the Copy of a Lost Will

    You’ve searched everywhere –the desk, file cabinet, footlocker, safe, attic, shed, and safe-deposit box at the bank. But you can’t find the original will. You call the attorney who prepared it. No luck. No original can be found anywhere. Or maybe you can’t tell whether the document you have is the original or […]

Trial by “Special Judge”

Under Chapter 151 of the Texas Civil Practices and Remedies Code, parties to any civil litigation, including probate litigation, may choose to conduct a trial before a “Special Judge” instead of proceeding to trial before the probate court or a jury, and instead of pursuing expensive arbitration. The requirements for trial by special judge follow: The […]