Probate when a will cannot be found
LIST Code: ES-02-04-02-00
LIST Code
ES-02-04-02-00
Title
Probate when a will cannot be found
Definition
Legal issues related to starting or managing an estate when a will is believed to exist but cannot be located. This includes determining whether the estate should proceed as intestate, how to search for or prove a lost will, and what steps are required if a copy exists. This issue covers situations where family members believe the deceased created a will, but the original document cannot be found after death. It includes understanding where wills are commonly stored, whether a filed or deposited will exists with a court or attorney, and how the absence of an original affects the probate process. In many jurisdictions, a missing original will creates a presumption that it was revoked, unless sufficient evidence shows otherwise. It also includes the legal procedures for probating a copy of a will, proving the contents of a lost will, or proceeding under intestacy laws if no valid will can be established. Legal questions may involve evidentiary requirements, witness testimony, notice to heirs, and disputes among potential beneficiaries. Rules and standards vary by jurisdiction and can significantly affect how the estate is distributed. Includes: - Searching for a missing or lost will - Determining whether a will was revoked - Probating a copy of a will - Proving the contents of a lost will in court - Proceeding under intestacy when no will is found - Resolving disputes about the existence or validity of a will