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 petition to probate a lost will in Arizona is a legal document filed with the court with the aim of establishing the validity of a will that has been lost or misplaced. When a will is lost and cannot be found, it creates uncertainty about the decedent's final wishes and often leads to disputes among heirs and beneficiaries. In such cases, interested parties can file a petition to probate a lost will to seek court authorization for probate proceedings based on the presumption that the missing will reflects the decedent's true intentions. The Arizona Revised Statutes provide guidelines and procedures for filing a petition to probate a lost will. The specific statutes related to lost wills can be found under Title 14, Chapter 3, Article 5, Part 8. It is important to note that Arizona recognizes two types of lost wills: "purported lost will" and "established lost will." 1. Purported Lost Will: This type refers to a will that is believed to exist but cannot be located. To file a petition for a purported lost will, interested parties must provide the court with evidence regarding the existence and contents of the lost will. They need to demonstrate the will's validity through testimonies, witnesses, or any other means that support the decedent's intention to create a will and the terms outlined within. 2. Established Lost Will: This type refers to a will that has been proven to exist but is lost or destroyed. To file a petition for an established lost will, interested parties must meet the burden of proving the will's execution, validity, and the fact that it was not revoked by the decedent or any other interested parties. This may require presenting evidence such as copies of the will, witness testimony, or any other documentation that can establish the will's terms and the decedent's intent. Once a petition to probate a lost will is filed, the court will review the evidence and determine whether there is sufficient proof to admit the lost will to probate. The court may appoint a personal representative to administer the estate based on the terms outlined in the lost will. However, if the court finds that the lost will is not proven or its terms are unclear, the decedent's estate will be distributed according to the laws of intestate succession, where the court adheres to a predetermined formula to distribute the assets of the deceased. In conclusion, a petition to probate a lost will in Arizona is a legal process used to establish and administer a will that has been lost or misplaced. Interested parties must file the appropriate petition, provide evidence of the will's existence and validity, and prove that it accurately reflects the decedent's final wishes. By following the prescribed procedures and providing compelling evidence, individuals can seek to honor the decedent's intent as outlined in the lost will.A petition to probate a lost will in Arizona is a legal document filed with the court with the aim of establishing the validity of a will that has been lost or misplaced. When a will is lost and cannot be found, it creates uncertainty about the decedent's final wishes and often leads to disputes among heirs and beneficiaries. In such cases, interested parties can file a petition to probate a lost will to seek court authorization for probate proceedings based on the presumption that the missing will reflects the decedent's true intentions. The Arizona Revised Statutes provide guidelines and procedures for filing a petition to probate a lost will. The specific statutes related to lost wills can be found under Title 14, Chapter 3, Article 5, Part 8. It is important to note that Arizona recognizes two types of lost wills: "purported lost will" and "established lost will." 1. Purported Lost Will: This type refers to a will that is believed to exist but cannot be located. To file a petition for a purported lost will, interested parties must provide the court with evidence regarding the existence and contents of the lost will. They need to demonstrate the will's validity through testimonies, witnesses, or any other means that support the decedent's intention to create a will and the terms outlined within. 2. Established Lost Will: This type refers to a will that has been proven to exist but is lost or destroyed. To file a petition for an established lost will, interested parties must meet the burden of proving the will's execution, validity, and the fact that it was not revoked by the decedent or any other interested parties. This may require presenting evidence such as copies of the will, witness testimony, or any other documentation that can establish the will's terms and the decedent's intent. Once a petition to probate a lost will is filed, the court will review the evidence and determine whether there is sufficient proof to admit the lost will to probate. The court may appoint a personal representative to administer the estate based on the terms outlined in the lost will. However, if the court finds that the lost will is not proven or its terms are unclear, the decedent's estate will be distributed according to the laws of intestate succession, where the court adheres to a predetermined formula to distribute the assets of the deceased. In conclusion, a petition to probate a lost will in Arizona is a legal process used to establish and administer a will that has been lost or misplaced. Interested parties must file the appropriate petition, provide evidence of the will's existence and validity, and prove that it accurately reflects the decedent's final wishes. By following the prescribed procedures and providing compelling evidence, individuals can seek to honor the decedent's intent as outlined in the lost will.
