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.
A Wyoming Petition to Probate Lost Will is a legal document filed in Wyoming's probate court in order to request the probate of a lost or missing will. This petition is typically filed by individuals who believe that a deceased person had a valid will but are unable to locate the original document. By providing a detailed description of the circumstances of the lost will and presenting evidence of its existence, the petitioner seeks the court's approval to treat a copy or draft of the will as if it were the original. There are several types of Wyoming Petition to Probate Lost Will, each addressing different scenarios and requirements. These include: 1. Petition to Probate Lost Will with Supporting Affidavits: This type of petition is filed when the petitioner possesses supporting affidavits from individuals who have knowledge of the lost will's contents. These affidavits provide information about the will's provisions and can help establish its validity. 2. Petition to Probate Lost Will without Supporting Affidavits: In cases where there are no supporting affidavits available or the petitioner is unable to obtain them, this type of petition is filed. The petitioner must rely on other evidence, such as correspondence or testimony, to convince the court of the lost will's authenticity. 3. Petition to Probate Partially Destroyed Will: This type of petition is filed when only a portion of the will is missing or destroyed. The petitioner must present evidence to demonstrate the contents and intent of the missing parts, usually through witnesses or other documentation. It is important to note that filing a Wyoming Petition to Probate Lost Will requires adherence to specific legal procedures, deadlines, and documentation requirements. The petitioner should consult with an experienced probate attorney to ensure compliance and increase the chances of a successful outcome. Keywords: Wyoming, petition to probate, lost will, probate court, legal document, deceased person, original document, copy, draft, detailed description, evidence of existence, supporting affidavits, validity, provisions, supporting affidavits, testimony, partially destroyed will, legal procedures, deadlines, documentation requirements, probate attorney.
