How to Object to the Probate of a Copy of the Will in Texas
- 1). Obtain from the court clerk a sample motion objecting to the probate of the copy of a will. Court clerks typically maintain standard forms or samples of important court documents. The motion is filed immediately after an application for probate is filed, with a request that the court accept a copy of the will rather than an original.
- 2). Object to the use of a copy of the will by contending that there is no reasonable evidence that it is a true and correct copy of the original document. Keep in mind that the heir or attorney seeking to admit a copy will schedule a hearing at which the witnesses to the signing of the original document will attempt to testify that the copy is an accurate representation of the original will.
- 3). Establish your legal interest in the estate in your motion. You need to demonstrate to the court that you either are an heir under the alleged will, or that you would be a legal heir in the absence of the copy of the will under Texas probate law.
- 4). Schedule a date and time for a hearing on your motion.
- 5). Send a copy of the motion to the heir or attorney who filed the application for probate. Send a copy to any person named as an heir in the copy of the will.
- 6). Notify the heir or attorney who filed the application for probate and any heirs named in the copy of the will of the date and time of the hearing in your motion. Texas law requires that you make a reasonable effort to notify these individuals.
- 7). Present evidence consisting of testimony and documents to support your contention that the there is no reasonable way to demonstrate that the copy is a true and correct representation of the original will. Pay particular attention to questioning any witnesses to the original will signing that appear at the hearing. You need to show that these witnesses really cannot confirm the validity of the copy of the will.
