What to o if my mother passed away 17 years ago and left a Will but before we had a chance to tkae it to probate it was misplaced?

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What to o if my mother passed away 17 years ago and left a Will but before we had a chance to tkae it to probate it was misplaced?

However, we are all aware that the house and property were left to my brother and I. How can we make arrangements to sell the property?

Asked on June 7, 2013 under Estate Planning, Texas

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 7 years ago | Contributor

You can open a probate proceeding. Instead of the will, you can file an Affidavit of Lost Will. In it, you swear under penalty of perjury that you know that there was a will, how it was lost, that your mother never revoked the will, and what the will said about the distribution of your mother's property. That should allow you and your mother's heirs to distribute and sell her property. 


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