E-Filing of Wills in Texas

Mary Wahne-Baker (Symposium Editor, Texas Tech Law Review) has recently published her comment entitled Where There’s a Will, There’s a Way: The Practicalities and Pitfalls of Instituting Electronic Filing for Probate Procedures in Texas, 39 Tex. Tech L. Rev. 423 (2007).

Here is the conclusion of her article:

The rate at which e-filing is becoming a part of the legal culture is remarkable. Texas, with its proud history of independent thought on legal matters, has taken the crucial initial steps to begin the process of creating an e-filing system for its state courts.  It has pioneered pilot programs and created committees. It has seen the juncture of opportunity and practicality, and it has started off in the right direction. But by ignoring the unique opportunities presented in probate e-filing, Texas has disappointingly failed to grasp the full potential of the system it has created.

Texas should use its characteristic foresight and mandate e-filing for probate matters in its state courts. This Comment demonstrates that probate e-filing is convenient and efficient for both courts and attorneys. E-filing in probate courts has proven effective in other states. The focus in Texas, therefore, should not merely be upon proposals or committees. Texas must pass legislation giving county clerks the latitude they need to establish computer terminals in courthouses for public access to court documents. Furthermore, Texas should follow its own statutory precedent for public access to electronically recorded files and charge a minimal copy fee for paper printouts of electronic documents.  Texas should look to the solutions discovered in Colorado courts and amend section 81 of the Texas Probate Code to allow attorneys to submit an initial scanned PDF file of a will. Following that submission, Texas courts should require that attorneys submit the original will prior to issuance of letters in a probate case. When Texas takes these bold but necessary steps, it will truly be following the path toward the horizon and will reclaim its rightful title as a probate pioneer.