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.
New York USLegal Pamphlet on Lost Wills
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By going down to the court clerk's office and paying a fee, you can request and obtain a copy of the probate file of the decedent. If you don't live in the area, you can call the court clerk, and if they will not provide the information, you can hire a New York attorney to go to the Court to retrieve the file.
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.
How to Probate a Will in New YorkLocate the death certificate and the will.Locate the court that has jurisdiction.Request the relevant documents.Inventory the estate's assets.Submit a Petition for Probate and other relevant documents.
If your loved one has left a will and you are named as an executor, you will usually need to submit the original signed will to the Probate Registry to get a Grant of Probate.
The Will must be filed in Surrogate's Court and admitted for probate before the wishes of the person who died can be followed. If the person who died had less than $50,000 of personal property, then a small estate (also called a voluntary administration) can be filed instead.
How to find a willSearch the house. It sounds obvious, but the first place you should look is at the deceased's home, as many people store their will (or a copy of it) in their home.Ask their solicitor.Ask their bank.Carry out a will search.
How to find a willSearch the house. It sounds obvious, but the first place you should look is at the deceased's home, as many people store their will (or a copy of it) in their home.Ask their solicitor.Ask their bank.Carry out a will search.09-Dec-2019
Probate involves submitting the will to the New York Surrogate's Court. The court will then review it and determine if it is valid. Unfortunately, there are instances in which a will is lost or inadvertently destroyed. The Surrogate's Court must decide whether or not to admit the lost or destroyed will to probate.
Wills are a confidential document until the person dies. Once the Will is admitted to probate or a small estate, it becomes a public document that anyone can see and read.