Probate is always complex, even when everything goes smoothly. Unfortunately, the propensity for complications cannot be overstated and probate can quickly escalate into a real nightmare. Complications can come in many forms, from will contestation to missing heirs. One of the complications that may seem the most serious is when no one can find the will. Don’t panic, even when the original copy of the will is lost there are ways forward. With the help of this handy guide, you can overcome this seemingly impassable obstacle and get probate back on track.
If There’s a Copy of the Will
If nobody can find the original will but a copy turns up, you’re in luck. So long as two criteria are satisfied, a copy can work just fine when the real thing is absent. First of all, the will can’t have been revoked. That sounds straightforward but unfortunately if the will was in the deceased’s possession before going missing, it is usually considered as revoked. By hiring a competent estate attorney and having them keep the original will, anyone can protect themself from having their will revoked against their wishes. The other criteria is simply that the will itself was properly created. Again, by hiring an experienced estate attorney this condition should be met.
If There’s No Copy
If there’s no copy of the will then things can get a little tougher, but all is not lost. So long as you can find two witnesses who can verbally explain the content of the will, probate can proceed. Their account of the will can be used in place of the actual will, allowing probate to continue by relying on their testimony.
Of course, the best course of action is to avoid losing the original will in the first place. You can avoid complications and dodge trouble by choosing Morgan Legal Group. We are famous for our attention to detail and for making sure every client receives the utmost care. Come in for a consultation and find out how we can craft an ironclad estate plan for you.
