The Will Was Signed. Then the Original Went Missing.

A signed will can answer a family's most difficult questions—if someone can find it when the time comes.

A copy may be sitting in a lawyer's file, or tucked into a folder at home. The original may be somewhere else entirely. That difference became central to a recent dispute from Fannin County, where two family members brought forward different wills and the original of the later one could not be produced.

The case is a reminder that completing an estate plan involves more than deciding what the documents should say. It also means thinking about where they will live and how the people who need them will find them.

Two wills and one missing original

According to the Sixth Court of Appeals, Max Harlan Covington died in 2024. His daughter, Gina, applied to probate a copy of a 2020 will that left his estate to her. His grandson, Robert, opposed that application and offered a 2017 will that left the estate to him and his wife in equal shares.

Robert alleged that Max lacked capacity and was unduly influenced when the later will was made. Those were allegations; the appellate opinion did not resolve them. The trial court admitted the 2020 will to probate, and Robert appealed.

The appeal turned on a narrower question: what evidence explained why the original 2020 will could not be produced?

The appellate court described differing accounts of what might have happened to the original. It also said Gina gave no testimony about a search for the will after Max's death. That is an observation about the evidence presented to the court; it is not a finding that anyone stole the document.

In August 2026, the court reversed the order admitting the 2020 will and sent the case back for further proceedings. It held that the evidence was insufficient to show the original could not be found after a reasonably diligent search. The court did not decide the separate question of whether the 2020 will had been revoked, and it did not decide which will would ultimately control the estate.

The appellate docket showed that the mandate issued on October 19, 2026. That docket does not establish the outcome of the proceedings sent back to the trial court.

Why the original matters

Texas law does provide a path for offering a will that cannot be produced in court. Under Texas Estates Code Section 256.156, an applicant generally must satisfy the usual proof requirements, establish the contents through the required testimony, and prove a cause for nonproduction sufficient to satisfy the court that reasonable diligence cannot produce the will. A qualifying copy of a self-proving affidavit can satisfy the statute's self-proof provision; it does not erase the other requirements.

The Covington opinion also explains a separate rule: if a will was last seen in the person's possession or somewhere the person had ready access to it, its absence can create a rebuttable presumption that the person revoked it. That presumption does not mean every missing will was revoked. The facts and evidence matter, and the court in this case did not reach that separate issue.

There is no single required search method for every family. The opinion, applying Texas Supreme Court precedent, explains that a reasonably diligent search depends on the circumstances and may include places where a will is likely to be found. An explanation of what might have happened is not necessarily evidence of the search itself.

A few practical steps for your own plan

• Choose a safe, accessible location. Ask your estate-planning attorney how to protect the original while making it possible for the appropriate person to locate it. If you use a safe-deposit box or locked safe, discuss access after death as well as security.
• Tell the right people where to look. Your chosen executor or another trusted person should know whom to contact and how to locate the documents. You do not have to share every private detail of your plan to share the location.
• Keep an organized record. Note your attorney's contact information, the location of the original, and where a copy can be found. Update that record when you move or change attorneys.
• Coordinate changes with counsel. If your wishes change, ask how to update your documents properly and handle older versions. Do not assume that a handwritten note or simply misplacing a document accomplishes what you intend.
• If an original is missing, document the search. Family members can keep a record of places checked and people contacted, then give that information and any copies to a Texas probate attorney. The evidence needed will depend on the situation.

The lesson is straightforward: a plan is easier for loved ones to use when its instructions and its location are both clear.

Learn more about WG Law's estate-planning services and probate assistance. To discuss your family's plan, call 214-250-4407 or contact our North Texas team.

This article provides general legal information, not legal advice, and does not create an attorney-client relationship. Texas law and individual circumstances can affect the result.