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.
Title: California Declaration of Authenticity of Copy of Lost Will When Original Will is Lost — Lost Will Keywords: California Declaration of Authenticity, Lost Will, Copy of Lost Will, Original Will is Lost Description: The California Declaration of Authenticity of Copy of Lost Will When Original Will is Lost provides a legal mechanism to validate the integrity and validity of a copy of a lost will when the original will cannot be located. This essential document safeguards the intentions and wishes of the deceased, ensuring that their stated directives are upheld. Types of California Declaration of Authenticity of Copy of Lost Will When Original Will is Lost: 1. Probate Code Section 21350 — Declaration of Authenticity: This declaration adheres to the specific guidelines outlined in the California Probate Code Section 21350. It certifies that the copy of the lost will is an accurate reproduction of the original will, meeting all legal requirements and maintaining the integrity of the testator's intentions. 2. Probate Code Section 21380 — Evidence of Authenticity Affidavit: The Evidence of Authenticity Affidavit affirmatively demonstrates the genuineness of the lost will's copy and supports its validity under the provisions stated in the California Probate Code Section 21380. This affidavit is generally required to be filed with the court, allowing for a smooth probate process. 3. Probate Code Section 1201 — Petition for Probate: In cases where the original will cannot be located, the Petition for Probate can be filed under the California Probate Code Section 1201. This petition seeks court approval to proceed with the administration of the estate based on the copy of the lost will and accompanying documents, including the Declaration of Authenticity. 4. Probate Code Section 8220 — Lost Will Search and Publication: The Lost Will Search and Publication procedure governed by the California Probate Code Section 8220 involves an active effort to locate the original will. If unsuccessful, a copy of the lost will is authenticated with the Declaration of Authenticity for submission to the court. 5. Probate Code Section 17961 — Affidavit of Lost Will: When the original will becomes irretrievable, the Affidavit of Lost Will, as per the California Probate Code Section 17961, is filed to officially establish the loss. It aids in validating the copy of the lost will and supports the authenticity declaration. The California Declaration of Authenticity of Copy of Lost Will When Original Will is Lost plays a crucial role in safeguarding and preserving the testator's desires when the original will cannot be found. By following the appropriate procedures and utilizing the relevant declarations and affidavits, individuals can ensure the continuity of the probate process and the equitable distribution of the estate.
