Question

What documents should we gather if a dispute develops over a missing original will?

Our family found signs that a will exists but has not been able to find the signed original or the person who may be holding it. What I am still unsure about is this: what documents should we gather if a dispute develops over a missing original will?

Asked in Amarillo, TX · Feb 5, 2026 · 1 answer

Answer
Soradin

Soradin

General information

Posted Jul 24, 2026

If the original signed will is missing, the document question becomes central because probate courts generally prefer the original, while a missing original does not automatically mean every estate must proceed as though no will existed. Gather the available will records and current probate material before anyone takes action with estate property. A local probate attorney can then assess the state's rules, including any presumptions and who carries the burden of proving the will.

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