Is a Photocopy of a Will Valid in Texas Probate?

A will allows a testator, the person who makes the will, to set forth who received his property after his death. In Texas, an original will that meets the state's validity requirements or a photocopy may be accepted by the probate court.

Requirements

• In Texas, a will is valid if it is in writing and signed by the testator in the presence of two witnesses. The testator must be of sound mind and at least 18-years-old. Witnesses must at least 14-years-old and must also sign the will.

Revocation

• A testator has the right to revoke his will at any time. He can do so by creating a new will, declaring revocation in a signed writing or physically destroying the document.

Photocopies

• When a will is signed, photocopies are made in case a will is lost or misplaced. However, under the 1974 Texas appeals court decision Mingo v. Mingo, a court presumes that an original will that cannot be produced for probate is considered revoked if the document was in the testator's possession. This means that if someone else had the original will (such as an attorney or the will's executor) and it cannot be found, the court will accept a photocopy as proof of the document's existence and will permit distribution of the testator's property under the photocopied will.