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.
Title: Pennsylvania Petition to Probate Lost Will: A Comprehensive Guide Introduction: In the state of Pennsylvania, when a will has been lost or cannot be located, individuals can file a Petition to Probate a Lost Will. This legal document serves as a formal request to the court to recognize and accept the lost will as valid, allowing for the distribution of assets according to the decedent's wishes. This article aims to provide a detailed description of Pennsylvania's Petition to Probate Lost Will, along with various types that individuals may encounter. Keywords: Pennsylvania, Petition to Probate Lost Will, types 1. Understanding the Pennsylvania Petition to Probate Lost Will: The Pennsylvania Petition to Probate Lost Will is a legal process that allows interested parties to request the probate court to admit a lost or missing will to probate. It is carefully regulated by the Pennsylvania Orphans' Court rules and requires specific steps to be followed. Keywords: Pennsylvania, Petition to Probate Lost Will, legal process, probate court, missing will 2. Types of Pennsylvania Petition to Probate Lost Will: a. Traditional Lost Will Petition: In this type of petition, the interested party, usually the executor or a beneficiary, must provide substantial evidence to prove the existence and contents of the lost will. They need to demonstrate that the will was lost unintentionally, and the decedent's intentions can be determined from the presented evidence. Keywords: Traditional Lost Will Petition, executor, beneficiary, substantial evidence, unintentional loss b. Photocopy or Duplicate Will Petition: If a photocopy or duplicate of the will exists, interested parties can file a petition to admit it to probate. This type of petition requires the petitioner to prove the authenticity and validity of the document, as well as the decedent's intentions. Keywords: Photocopy or Duplicate Will Petition, authenticity, validity, decedent's intentions c. Lost Will Revival Petition: In some cases, a previously revoked will that was once missing is found. In such instances, interested parties can file a petition to revive the lost will. The petitioner must prove that the will was revoked under certain circumstances and that it should now be recognized as valid. Keywords: Lost Will Revival Petition, previously revoked will, validity, prove, circumstances 3. Steps to Petition to Probate Lost Will in Pennsylvania: a. Gather necessary information and evidence: Collect all relevant facts and documents related to the lost will, such as witness testimonies, any copies, previous drafts, or any other evidence that can help establish the existence and intent of the lost will. Keywords: Gather information, evidence, witness testimonies, copies, drafts, establish intent b. Prepare the Petition and supporting documents: Draft a formal Petition to Probate Lost Will in accordance with Pennsylvania Orphans' Court Rules. Include all necessary supporting documents, such as affidavits, witness statements, and any relevant evidence mentioned above. Keywords: Prepare Petition, supporting documents, Pennsylvania Orphans' Court Rules, affidavits, witness statements c. File the Petition and serve interested parties: File the Petition and all accompanying documents with the Clerk of the Orphans' Court. Serve copies of the Petition to interested parties, including heirs, beneficiaries, and potential challengers within the specified time frame. Keywords: File Petition, Clerk of the Orphans' Court, serve interested parties, heirs, beneficiaries, challengers d. Attend the Probate Hearing: Upon filing the Petition, a probate hearing will be scheduled. Attend the hearing and present all evidence and arguments supporting the recognition and acceptance of the lost will. Keywords: Probate hearing, attend, evidence, arguments, acceptance Conclusion: Petitioning to probate a lost will in Pennsylvania involves a meticulous legal process. Whether it's a Traditional Lost Will Petition, Photocopy or Duplicate Will Petition, or Lost Will Revival Petition, it is crucial to gather substantial evidence and follow the required steps to prove the validity and intent of the lost will. Seek guidance from an experienced attorney specializing in probate law to ensure a smooth and successful probate process. Keywords: probate process, valid, intent, probate law, attorney.
