QUESTION
What happens if we cannot find the original copy of a Will?
Asked on Mar 25th, 2013 on Estate Planning - California
More details to this question:
Our Mother just passed, and we only found a copy of the will, what happens if we cannot locate the original?
20 ANSWERS
There are ways to get it admitted into probate.
Answered on Apr 04th, 2013 at 10:03 PM
There are procedures for probating a copy. You should consult a probate attorney to assist you.
Answered on Mar 31st, 2013 at 8:42 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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There is a presumption that you can't find the original because Mom destroyed it, intending to revoke it. It you can cite facts to the court explaining why the original can't be found, then you could probate a copy.
Answered on Mar 26th, 2013 at 2:05 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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You can ask that the copy be admitted to probate. There is a presumption that, if the original was in your mother's possession, that she revoked the Will. It might help if there was some other explanation for the loss of the original. Most of the time, the court does not look into this, however. It WILL require a formal proceeding, instead of the simpler informal proceeding. It can be done, however.
Answered on Mar 26th, 2013 at 1:43 AM
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You have to prove to the court that the original was not destroyed by the testator. In the alternative, you can proceed as if there's no will.
Answered on Mar 26th, 2013 at 1:42 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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It is possible that the copy will suffice. It is possible that it will not be admitted to probate. Take it to a lawyer.
Answered on Mar 26th, 2013 at 1:06 AM
If you cannot find an original will the law presumes the maker destroyed the will and it no longer exists. You should contact the lawyer that made her will and ask him/her if they have the original. You should also hire your own attorney to start the probate process and if you cannot locate the will, proceed under the intestate laws.
Answered on Mar 26th, 2013 at 1:04 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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You can petition the Court to allow a copy to be probated.
Answered on Mar 26th, 2013 at 12:55 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You file for Formal Probate.
Answered on Mar 26th, 2013 at 12:47 AM
Probate Attorney serving St. Louis, MO
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Edward L. Armstrong, P.C.
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Is the copy of the will signed? If it is not signed, does it show the date when the original was signed and the names of the witnesses? If the information is there it might be possible to have the copy admitted to probate.
Answered on Mar 26th, 2013 at 12:45 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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A copy can be probated under certain circumstances, but you have to be able to prove that the testator never revoked the original will.
Answered on Mar 26th, 2013 at 12:44 AM
I'm sorry to hear about your loss. First, take your time, you may be able to find the original Will. It may have been filed already with the Court, or maybe in some other place of safekeeping. In Colorado, it is possible with a Court Hearing, to have the Court adopt the copy as an original Will. Keep searching for the original. Make an appointment with a lawyer who specializes in estate administration for further assistance.
Answered on Mar 26th, 2013 at 12:41 AM
Elder Law Attorney serving Auburn Hills, MI
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Byers & Goulding, P.L.C.
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A petition will need to be drafted and filed with the probate court, requesting that the copy be admitted into probate.
Answered on Mar 26th, 2013 at 12:40 AM
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I am sorry for your loss. I suggest contacting the attorney who drafted the Will. The attorney's name may appear in the copy. Also check any safe deposit boxes. If both of those fail, Nevada has a process to probate a copy of a Will. If you are retaining a probate attorney to assist you, they will be familiar with the necessary steps. In a nutshell, you will need affidavits from two disinterested persons who know that the Will was still in effect and was not revoked. Again they must be disinterested, or possibly if you can show facts that someone else has it, it may be possible to admit the copy.
Answered on Mar 26th, 2013 at 12:33 AM
Thomas Edward Gates
First, if there is an attorney or firm listed on the will, contact them. If they do not have the original will, attach an affidavit with the petition to the court to start probate. In this case, the court will accept the copy since the original could not be located.
Answered on Mar 26th, 2013 at 12:32 AM
It is possible to probate the copy of the Will. You will need to prove to the court that it was not revoked. You will need an attorney.
Answered on Mar 26th, 2013 at 12:32 AM
If everyone agrees that the copy is still your mother's wishes, you may be able to use it. Otherwise, you may have to follow the intestate laws. Consult with an attorney.
Answered on Mar 26th, 2013 at 12:32 AM
You can submit the copy to the probate court which will allow additional time for someone to come forward with either the original or a more recent draft of the will. The court may required you to notify all potential heirs as well.
Answered on Mar 26th, 2013 at 12:32 AM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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Depending on your state statute, you can often use a copy as the best evidence available.
Answered on Mar 26th, 2013 at 12:30 AM
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See if the attorney who drafted the Will has the original. If not, you can admit the will to probate telling the court the original is lost.
Answered on Mar 26th, 2013 at 12:27 AM