My father did not file his will through the probate court and his wife will not let us see his will. What do I need to do to obtain a copy of that will at this point?

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My father did not file his will through the probate court and his wife will not let us see his will. What do I need to do to obtain a copy of that will at this point?

My father passed away 1 1/2 yours ago and
his wife at that time would not and will not let
us even look at the will. However she is trying
to sell their house and is asking all of my
fathers heirs to sign a document so she can
sell that house. She has already given all my
fathers belongings to her own children and
given us nothing. What do we do now?

Asked on December 8, 2017 under Estate Planning, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you want to see the will, then you or other heirs can file an application for probate.  From there, she will be required to produce the will if she wants to do anything with property.  If the wife is needing your signature in order to sell the property, then most likely she was not awarded a 100% of the estate in your father's will.... and thus needs all of the other heirs to waive their interest.
So, do not sign any documents without having your attorney first review the document.  You need to consult with a probate attorney to assist with a review of any proposed documents or to file the probate on your behalf.
Keep in mind that if you do not file for probate, and a period of time lapses, then you or other heirs may untentionally waive any interest in your father's estate by allowing the statute of limitations lapse.


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