Probate is the process of proving a will is valid and thereafter administering the estate of a dead person according to the terms of the will. It is a judicial act or determination of a court having competent jurisdiction establishing the validity of a will. First the will is filed with the clerk of the appropriate court in the county where the deceased person lived, along with a petition to have the court approve the will and appoint the executor named in the will (or if none is available, an administrator) with a declaration of a person who had signed the will as a witness. If the court determines the will is valid, the court then "admits" the will to probate.
The best evidence of the contents of a lost or destroyed will is a copy or draft of the will that is clearly and satisfactorily identified, if it can be obtained, and ordinarily this is sufficient. For example, an Arkansas court held that a finding that a photocopy was a copy of a lost or destroyed will should be sustained in view of the fact that the testimony of the attesting witnesses and the attorney as to how, when, and where will was signed was not in conflict.
This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Probate forms play a crucial role in the legal process of administering an individual's estate after they pass away. In the context of Alberta, Canada, there are several types of probate forms that are used to handle the various aspects of the probate process. Here, we will explore these forms and their functions, shedding light on the essential keywords associated with each: 1. Alberta Probate Application Form: This form is the initial step in starting the probate process. It requires the executor (named in the deceased's will) to apply for a Grant of Probate from the Surrogate Court. Keywords: probate application, executor, Grant of Probate, Surrogate Court. 2. Affidavit(s) of Executor: As part of the probate application, the executor may need to file one or more affidavits providing information about the deceased's assets, liabilities, and beneficiaries. Keywords: affidavit, executor, assets, liabilities, beneficiaries. 3. Personal Directive Affidavit: In situations where the deceased had a personal directive (also known as a living will), this form allows the designated agent to confirm their authority and responsibilities. Keywords: personal directive, living will, designated agent. 4. Renunciation Form: This form is used when an appointed executor is unable or unwilling to assume the role, and they formally relinquish their appointment. Keywords: renunciation, executor. 5. Notice of Application: Once the probate application is filed, this form must be served to all interested parties, notifying them of the pending probate hearing. Keywords: notice of application, interested parties, probate hearing. 6. Affidavit of Witness to Will: This form is filled out by witnesses who were present when the deceased signed their will, affirming its validity. Keywords: affidavit, witness, will, validity. 7. Inventory of Assets: After obtaining the Grant of Probate, the executor may need to prepare an inventory of all the deceased's assets and their estimated value. Keywords: inventory, assets, executor, estimated value. 8. Statement of Account: This form details all financial activities pertaining to the estate, including income, expenses, taxes paid, and distribution of assets. Keywords: statement of account, financial activities, distribution of assets. 9. Release Form: Once the estate administration is complete, beneficiaries may be required to sign this form, releasing the executor from any further liability. Keywords: release, executor, liability. It is important to note that the specific requirements, forms, and procedures in the probate process may vary and evolve over time. Consulting a legal professional or reviewing official government resources, such as the website of the Alberta Courts or the Surrogate Court, is advisable to ensure accurate and up-to-date information.
