One of the most stressful moments in a probate case comes when a family knows a loved one signed a will, but no one can find the original. Maybe there is a photocopy in a desk drawer or a scanned PDF in an email. A change to the Texas Estates Code that took effect September 1, 2025, makes it clearer how a copy of a lost will can be used, and it is a good reminder for everyone to know where their own original will is kept.

What Changed

The Texas Legislature passed two bills in 2025, House Bill 3421 and Senate Bill 1448, that update the rules for wills that cannot be produced in court. The key changes include:

• A copy can carry the self-proving affidavit: If a copy of a lost will includes a copy of a valid self-proving affidavit, that copy is now sufficient to make the will self-proved. The Legislature stated this change was meant to clarify existing law.
• Paper copies are handled like originals: When a copy of a lost will is proved in court, a paper copy must be deposited with the county clerk where the will was probated, just as an original would be.
• Transfers are tracked: If a probate case moves to another county, the original will, or the paper copy of a lost will, must be sent by a qualified delivery method.

Why the Self-Proving Affidavit Matters

A self-proving affidavit is a notarized statement signed by the person making the will and the witnesses, usually attached at the end of the will. Under Texas law, a self-proved will can be admitted to probate without testimony from the witnesses who signed it. Years after a will is signed, tracking down those witnesses can be difficult or impossible. The new language confirms that a copy showing the affidavit can serve that same purpose.

What a Copy Still Has to Prove

The change helps, but it does not make a lost will automatic. The person offering the copy must still:

• Prove why the original cannot be produced, and show the court that it could not be found with reasonable diligence
• Prove the contents of the will through a credible witness who read it, heard it read, or can identify the copy
• Deal with the legal presumption that arises when an original will that was last in the person's possession cannot be found, which is that the person may have destroyed it on purpose to revoke it

In addition, a will generally must be offered for probate within four years of death. These cases often turn on the details, such as who last had the will and what the person said about it.

What This Means for You

If you are handling a loved one's estate and only have a copy of the will, do not assume the copy is useless. Gather every version you can find, note where each one came from, and talk to an attorney before filing anything. If you are planning your own estate, a few simple steps can spare your family this problem:

• Sign a self-proving affidavit with your will
• Keep the original in a secure place and tell your executor where it is
• Consider depositing your original will with the county clerk for safekeeping. In Fort Bend County, the County Clerk accepts wills for a $5.00 fee.
• Review your will after major life events, such as a marriage, divorce, or the birth of a child

Whether you need to probate a will that can't be found or want to make sure your own plan is protected, contact the Law Offices of M. Cody Moore at (281) 241-7161 to discuss your situation.

This post provides general information and is not legal advice. Reading it does not create an attorney-client relationship.