District of Columbia Petition to Probate Lost Will

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US-02168BG
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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.

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FAQ

Next, file the Will by taking it to the D.C. Superior Court Probate Division. Under D.C. law, the Will must be filed within 90 days of the death of the decedent.

The will should be filed within 90 days after the death of the deceased person with a Certificate of Filing Will. There is no cost to file a will. An Affidavit of Witness may be filed to explain any irregularity contained in the will.

Is Probate Required in Washington, DC? Probate is required in many cases in the District of Columbia. If the property value is under $40,000, you can settle under small estate administration.

Probate is a legal process that takes place after someone's death. It usually involves proving that the deceased's will is valid, identifying the deceased person's property and having it appraised, paying outstanding debts and taxes, and distributing the property per the will or state law.

If there is no will, the per who is the decedent's next of kin has priority to file a petition for probate to open the decedent's estate and serve as personal representative (sometimes called ?executor? or ?executrix? in other jurisdictions).

Requests to Review Files at the Probate Division are kept on site in the Probate Division file room, located at Room 314, 515 5th Street, NW, Washington, DC 20001. These jackets and wills are available for inspection from to Monday through Friday except for holidays.

The appointment of the personal representative remains active for three years from date of appointment unless extended. However, it is possible to terminate the appointment sooner by filing a request to the court. The administration process may not be active for three years. Many estates are active for about one year.

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District of Columbia Petition to Probate Lost Will