Petition to Probate Lost Will
About this form
The Petition to Probate Lost Will is a legal document used to request a court's approval for a will that has been lost or destroyed. This form differs from a standard probate petition because it specifically addresses the absence of the original will, allowing individuals to present a copy or evidence of the content of the lost will for validation. The form serves to initiate the probate process when the original testamentary document cannot be found, ensuring that the deceased's wishes are honored according to the available evidence.
What’s included in this form
- Name of the decedent and the petitioner.
- Details of the decedent's death and residence.
- Statement addressing the circumstances of the original will's loss.
- Affidavit from witnesses that saw the execution of the will.
- Request for the court to admit a copy of the lost will to probate.
Situations where this form applies
This form should be used when an individual seeks to probate a will that has been lost or destroyed. Common scenarios include instances where the original will has been misplaced during a move, damaged beyond recognition, or lost due to theft. If you have a copy of the will and are able to present supporting evidence, this form is relevant to ensure that the probate process can proceed as intended.
Who needs this form
This form is intended for individuals who meet the following criteria:
- Individuals named as an executor or proponent of the will.
- Heirs or beneficiaries of the decedent's estate.
- Any adult resident citizen of the county where the decedent lived before death.
How to complete this form
- Provide the name and details of the deceased person (decedent).
- Indicate the date of death and the decedent's county and state of residence.
- Explain how the original will was lost or destroyed in the designated section.
- Attach a copy of the lost will as an exhibit, if available.
- Gather signatures from witnesses to the will's execution and include them if required.
Notarization guidance
Notarization is required for this form to take effect. Our online notarization service, powered by Notarize, lets you verify and sign documents remotely through an encrypted video session, available 24/7.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes to avoid
- Failing to attach a copy of the lost will, if available.
- Not providing sufficient details about the circumstances of the loss.
- Overlooking witness signatures or affidavits that affirm the will's execution.
- Neglecting to verify local court requirements and procedures.
Why use this form online
- Convenience: Easily access and complete the form from home.
- Editability: Make changes to the document as needed before finalizing.
- Reliability: Ensure that the form is up to date with current legal standards.
Quick recap
- The Petition to Probate Lost Will is essential for validating a will that cannot be found but has a known copy.
- Ensure all required information is accurately filled out to avoid delays in the probate process.
- Consult local regulations to meet all state-specific requirements.
- Be prepared to provide a consistent account of how the will was lost to support your claims.
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FAQ
For an estate to be administered in accordance with the terms of the final Will of the deceased, the original Will is sent to the Probate Registry who will then issue a Grant of Probate to the executors.In all these cases you can apply to Probate to prove a Copy Will.
If the will cannot be found, or if a will was never created, the estate will be distributed according to the intestacy rules.There will be a similar result if a will is found after probate. If the grant of probate has already been issued, a judge or registrar may need to revoke the grant.
If the most current will has been destroyed or can't be found, it may fall back to a previous version of the Will, provided that it was not revoked. In many cases, the old versions of the Will are destroyed when the new one is written to avoid the potential of an old Will that no is longer accurate being used.
When a Will is made, the Executors are usually told where the Will is stored. When you make an application for probate to the Probate Registry, you must submit the original will to be proved.
If an original will cannot be found, a copy can be admitted to probate under certain circumstances.If the court finds by clear and convincing evidence that the will copy is a replica of the testator's original will, the court will admit the will copy and the estate will be probated.
For an estate to be administered in accordance with the terms of the final Will of the deceased, the original Will is sent to the Probate Registry who will then issue a Grant of Probate to the executors.In all these cases you can apply to Probate to prove a Copy Will.
Show evidence the testator didn't revoke or intend to destroy the will; Prove the contents of the will; Prove the testator created and executed a will that is valid and met state law requirements; and/or. Prove the will can't be found after a thorough search.
Can you probate a lost will? In some instances, yes. If a will is lost by accident after the decedent's death, or destroyed by fraud during the decedent's lifetime and without his or her knowledge, a court may receive evidence of the execution and validity of the will.
In California, estates valued over $150,000, and that don't qualify for any exemptions, must go to probate.If a person dies and owns real estate, regardless of value, either in his/her name alone or as a "tenant in common" with another, a probate proceeding is typically required to transfer the property.
