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Declaration of Authenticity of Copy of Lost Will When Original Will...

Santa Clara California Declaration of Authenticity of Copy of Lost Will When Original Will is Lost - Lost Will

Category:

Wills - Lost Wills

State:

Multi-State

County:

Santa Clara

Control #:

US-02164BG

Format:

Instant download

Description

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.

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FAQ

Typically, the executor or a trusted individual should keep the original copy of the will in a safe place. Utilizing the Santa Clara California Declaration of Authenticity of Copy of Lost Will When Original Will is Lost - Lost Will can provide assurance that, should it get lost, your intentions can still be honored. Communication with family members about the location of the original is essential.

Proving the authenticity of a will involves demonstrating that it reflects the true intentions of the testator. In California, this can include obtaining witness statements or using the Santa Clara California Declaration of Authenticity of Copy of Lost Will When Original Will is Lost - Lost Will, especially when the original is missing. With the right documentation, you can effectively establish the will's validity in a court of law.

Procedure for proving a copy Will The application must be supported by evidence in the form of an affidavit (although during the global pandemic the rules have been amended by the Non-Contentious Probate (Amendment) Rules 2020, SI 2020/1059, to provide for the use of witness statements as an alternative to affidavits).

If no copy of the will can be found, the Probate Registry will require the executors to draw up a reconstruction representing the original will as accurately as possible. This will need to be attached to the affidavit.

Are Copies of Wills Valid? The rule of thumb is only the original copy of a will is valid. The original is what must be filed with the court. Most people make copies of their will though.

Most solicitors would advise that you should release a copy before probate being granted, either to reassure beneficiaries, or if there could be a genuine dispute over whether it exists or whether it is valid.

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 Can I See The Will Of A Deceased Loved One in California? Easy, just go to the court in the California County in which your loved one lived at the time of their death and ask for a copy because every Will is required by law to be lodge with the court after death.

If someone does have the Will, they will have to file it with the court if they want to challenge your petition. Once a Will is filed, it is a public record, meaning anyone can view it. The original will stay with the court forever. Copies of the original Will are available to anyone willing to pay for it.

Probating a Lost Will in California Filing the Petition An executor must use the Judicial Council Form DE-111 Petition to Probate and supporting documentation when filing a request for order to probate a lost will. The petition must contain detailed information setting forth the terms of the lost will and/or codicil.

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