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Locate Will

Locate Will. The Problem. Hard to prove a negative, that is, that a person died without a will. Thus, must perform due diligence to locate the will. 1. Home and Office. 2. Safe Deposit Box. Procedures in: Probate Code §§ 36B-36F Estates Code Chapter 151 Without court order

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Locate Will

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  1. LocateWill

  2. The Problem • Hard to prove a negative, that is, that a person died without a will. • Thus, must perform due diligence to locate the will.

  3. 1. Home and Office

  4. 2. Safe Deposit Box • Procedures in: • Probate Code §§ 36B-36F • Estates Code Chapter 151 • Without court order • With court order

  5. 2. Safe Deposit Box • Without Court Order • Discretionary with bank

  6. 2. Safe Deposit Box • Without Court Order • Persons who may ask: • Spouse • Parent • Adult descendant • Named executor who can prove it with a copy of will

  7. 2. Safe Deposit Box • Without Court Order • Delivery of found documents: • Will = clerk of court with jurisdiction and venue, ornamed executor • Burial plot deed or burial instructions = person inspecting • Life insurance policy = any named beneficiary

  8. 2. Safe Deposit Box • With Court Order • Court designates person who may inspect • Examination occurs in presence of this person AND the judge or the judge’s agent

  9. 2. Safe Deposit Box • With Court Order • Delivery of found documents • Will = clerk of court with jurisdiction in same county as ordering judge • Burial plot deed = person designated in court order • Life insurance policy = any named beneficiary

  10. 3. Significant Individuals • Duty of Custodian • PC § 75 • EC §§ 252.201-252.204

  11. 3. Significant Individuals • Duty of Custodian • No duty to probate will

  12. 3. Significant Individuals • Duty of Custodian • No duty to probate will • Duty to deliver to court with jurisdiction

  13. 3. Significant Individuals • Duty of Custodian • No duty to probate will • Duty to deliver to court with jurisdiction • If failure to deliver, may be arrested and imprisoned until person delivers and is liable for damages.

  14. 4. Clerk of Court • All counties where decedent lived • PC § 71 • EC §§ 252.001-252.153

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