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: Understanding the Wisconsin Petition to Probate Lost Will: A Comprehensive Overview Introduction: The Wisconsin Petition to Probate Lost Will is a legal process that allows individuals to seek the probate of a lost or destroyed will in the state of Wisconsin. This detailed description aims to provide a thorough understanding of the Wisconsin Petition to Probate Lost Will, its purpose, procedures, and various types. Types of Wisconsin Petition to Probate Lost Will: 1. Formal Probate Petition: — This type of petition is filed when the lost will clearly outlines the decedent's wishes and intent, even if the physical document is unavailable. — It requires the petitioner to provide substantial evidence to prove the authenticity and contents of the lost will. 2. Petition to Admit Copy of Lost Will: — This type of petition is used when the original will is lost or destroyed, but a duplicate or a true copy of the will can be provided. — The petitioner must prove the authenticity of the copy and its conformity with the decedent's intent. 3. Petition to Probate a Partially Lost Will: — If only a portion of the original will is recovered or available, this type of petition is filed. — The petitioner is required to present evidence to establish the partial contents of the lost will and its alignment with the decedent's testamentary wishes. Procedure for Filing a Wisconsin Petition to Probate Lost Will: 1. Gather necessary information: — Collect all relevant details about the lost will, including the testator's name, date of death, potential beneficiaries, and any known witnesses. 2. Consult an attorney: — Seek legal advice from an attorney with expertise in probate law to ensure compliance with Wisconsin's specific requirements and procedures. 3. Prepare and submit the petition: — Draft a detailed petition, clearly stating the facts surrounding the lost will and the reasons for seeking its probate. — Provide substantial evidence supporting the lost will's authenticity, including witness testimonies, prior photocopies, or any other relevant documentation. — Pay the necessary filing fees and submit the petition to the appropriate Wisconsin probate court. 4. Notice to interested parties: — Notify the interested parties, such as heirs, beneficiaries, and potential creditors, about the petition by serving them with copies of the filed petition and a notice of hearing. 5. Attending the hearing: — Attend the scheduled hearing, where the court will evaluate the evidence presented and make a decision regarding the probate of the lost will. — Be prepared to answer any additional questions or provide further evidence, if required. Conclusion: The Wisconsin Petition to Probate Lost Will provides a legal avenue for individuals dealing with lost or destroyed wills in Wisconsin. Understanding the different types of petitions and following the appropriate procedure, with the guidance of an attorney, can enhance the chances of a successful probate process.
