Losing a loved one is never easy, and dealing with legal matters during this time can add to the stress. If you are the personal representative or executor of the estate, it may be your responsibility to start the probate process. But what happens if the original will is lost or destroyed?
It is natural to feel panic set in. However, there are steps you can take in this situation.
5 questions to evaluate
If you face challenges with a lost will, there are five questions to consider:
- Can you find the will? The first step is often to see if you can locate the will. It is possible that someone merely misplaced it. It could be in a safe or mixed in with other important documents.
- Did your loved one revoke their will? It is important to distinguish if the will is simply lost, or if your loved one intended to revoke or destroy the will. This could alter how you move forward, as well as the administration of your loved one’s estate.
- Are there any copies? In some cases, the probate court may accept a copy of the will, as long as they can prove it is valid.
- Where are the witnesses? California requires two people to witness the signing of the will for it to be valid. You could contact the witnesses to confirm a loved one’s intentions regarding the lost will.
- Did an attorney help them create the will? The attorney who they worked with may have relevant records detailing your loved one’s wishes. They may even have a copy of the will available.
Answering these questions can help you determine how you will move forward with the probate of your loved one’s estate. Of course, the best-case scenario is that you locate the will. Even so, gathering this evidence can help.
Collect and present the evidence
As you may know, one of the primary purposes of probate is to prove your loved one’s will is valid. This is difficult to do with a lost will. However, following the steps above can help you collect evidence of your loved one’s wishes and even copies of the will to submit to the probate court.
While you will also have to file a declaration about the lost will, it could be possible to move forward. Though, it may be a good idea to seek experienced counsel to fully understand your options in this stressful situation.