Legal Question in Wills and Trusts in Texas

A will doesn't have to be filed in order to be valid. Many people will file a will for safekeeping in a county clerk's office. This is optional. (Most people choose to keep their own wills in their own possession.) It doesn't really matter if he files it in a different county--if it was a valid will when he filed it, it remains valid. The only problem with filing it in another county is being able to locate the will after he dies.

Assuming your husband is still living, he can withdraw the will from the county clerk's office whenever he pleases. He can either file it in another county, or he can keep it in a safe place, such as a safe deposit box.

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