This pamphlet provides an overview on dealing with a lost will of a deceased person. Topics covered include suggestions for locating the will, how to probate a copy of a lost will, and how to prove the contents of a lost will.
Indiana USLegal Pamphlet on Lost Wills
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You should store the original will until after the death of the client, or until you are able to return the original to the client. Some firms keep wills indefinitely, while others have a policy of holding the original will for fifty years from the date of its creation.
A will may have been attested by two witnesses and duly signed by the testator but if it's not dated, it becomes void. The law also says that a new will with a later date would make the previous one null and void. If a will is termed invalid, the court distributes the property as if no will ever existed.
Failing to take account of all the money and property available. failing to take account of the possibility that a beneficiary may die before the person making the will. changing the will. If these alterations are not signed and witnessed, they are invalid.
Once written, the will lasts forever. There are no time restrictions on wills that mean you have to write a new one every year, two years, 10 years2026 Although as mentioned above, should your will become out of date due to circumstances, you should at least update, if not rewrite, it.
We practice law in the state of Indiana. For a will to be valid in our state, the testator must sign the will in the presence of two witnesses, and the witnesses must also sign the document. The will can be valid even if it is not notarized. In most states, there is a proving of the will during probate.
In general, expect it to take at least six months up to a year before probate is closed and the assets distributed to the heirs. If there are disputes, claims against the estate or other delays, it could take much longer.
The Will must be filed in the county where the decedent lived. The Will must be filed within a reasonable amount of time.
We practice law in the state of Indiana. For a will to be valid in our state, the testator must sign the will in the presence of two witnesses, and the witnesses must also sign the document. The will can be valid even if it is not notarized. In most states, there is a proving of the will during probate.
If your will was simply lost or accidentally destroyed, it still reflects your wishes. A copy of the will can be submitted to the court, and the court may (but does not have to) open a probate based on that copy.
An Indiana last will and testament may be changed at any time before the testator's death through a new will or a codicil, which is an addition or amendment that must be executed with the same formalities as a will in order for it to be valid.