QUESTION
Will I have to file probate if I only have a copy of the will?
Asked on Jan 16th, 2016 on Estate Planning - Oregon
More details to this question:
My friend who was homeless died leaving me $4300 at his bank. I have the copy of the will and the witnesses to verify they saw him sign it but the original I can't find anywhere. Is that going to be good enough?
2 ANSWERS
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Only if you can explain what happened to the original (Oregon answer). There is a presumption that, if the original can't be found, the testator destroyed it intending to revoke it. You will have to plead and prove that is not the case essentially explain to the satisfaction of the court the reason (other than destruction by the testator) that the original will is missing. Are you sure probate is necessary? Why wouldn't the decedent simply have named you "payable on death" beneficiary of the account? Also, if that dollar amount is all the decedent owned when he passed away, a Small Estate Affidavit will be sufficient, but only if you can find the original will.
Answered on Feb 10th, 2016 at 5:11 PM
Yes, the only way to probate a copy of a Will is through a full probate. Check with the bank to see if he put you on as a co-owner or a POD. You may be able to avoid the probate.
Answered on Feb 10th, 2016 at 5:02 PM