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.
Washington Petition to Probate Lost Will: A Comprehensive Overview Introduction: The Washington Petition to Probate Lost Will is a legal process through which individuals can seek to validate and administer a lost or missing last will and testament of a deceased person. This petition is filed in the Superior Court of the county where the individual resided at the time of their passing. The procedure and requirements for filing the petition are governed by Washington State laws. Keywords: Washington Petition to Probate Lost Will, legal process, missing last will and testament, deceased person, Superior Court, county, procedure, requirements, Washington State laws. Types of Washington Petition to Probate Lost Will: 1. Formal Petition to Probate Lost Will: This type of petition is typically filed when the deceased person had a previously probated will, but the original document is lost or cannot be located. In such cases, interested parties, such as beneficiaries or family members, can initiate a formal petition by providing evidence that the will existed, its contents, and the efforts made to locate it. The court may rule in favor of admitting a copy or draft of the will as evidence. Keywords: Formal Petition, lost or misplaced original will, interested parties, beneficiaries, family members, evidence, copy or draft of the will. 2. Informal Petition to Probate Lost Will: An informal petition is filed if the deceased person did not have a previously probated will, and the original will is lost or cannot be found. In this case, interested parties must provide evidence establishing the existence and the contents of the lost will. The court may admit a copy or draft of the will for probate, provided there is sufficient evidence of its authenticity. Keywords: Informal Petition, no previously probated will, lost original will, evidence, existence, contents, copy or draft of the will, authenticity. Important Steps in Filing a Washington Petition to Probate Lost Will: 1. Hire an Attorney: Engaging the services of a knowledgeable probate attorney is essential to ensure that the petition is filed correctly and to navigate the legal complexities involved in probating a lost will. Keywords: hire an attorney, probate attorney, legal complexities. 2. Determine Jurisdiction: Identify the superior court in the county where the deceased person resided as the appropriate jurisdiction for filing the petition. Keywords: jurisdiction, superior court, county. 3. Provide Essential Information: To initiate the petition, you must provide crucial details about the deceased person, such as their full name, date of death, last-known address, and the name of the personal representative you wish to nominate. Keywords: essential information, deceased person, full name, date of death, last-known address, personal representative nominee. 4. Gather Evidence: Compile all available evidence supporting the existence and contents of the lost will. This may include witnesses, previous versions or drafts of the will, correspondence, and any other relevant documents. Keywords: evidence, existence, contents, witnesses, previous versions, drafts, correspondence, relevant documents. 5. Draft the Petition: Work closely with your attorney to draft a comprehensive petition that states the facts, details the evidence supporting the lost will, and explains the efforts made to locate the original document. Keywords: draft the petition, comprehensive, facts, evidence, efforts to locate the original will. 6. File the Petition and Pay Fees: Submit the completed petition to the appropriate superior court, paying the requisite filing fees. Ensure that all necessary documents, including the original will, if found, or a copy/draft, are included. Keywords: file the petition, pay fees, superior court, filing fees, necessary documents, original will, copy/draft. Conclusion: The Washington Petition to Probate Lost Will provides a legal avenue for individuals to authenticate and distribute the assets of a deceased person when their original will is lost or missing. Whether pursuing a formal or informal petition, it is crucial to follow the procedural requirements, gather sufficient evidence, and seek advice from an experienced probate attorney to successfully navigate the probate process. Keywords: legal avenue, authenticate, distribute assets, missing will, procedural requirements, evidence, probate process, experienced probate attorney.
