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.
Title: Understanding the Colorado Petition to Probate Lost Will: A Comprehensive Guide Introduction: The Colorado Petition to Probate Lost Will is an essential legal process designed to address situations where a last will and testament cannot be located. This detailed description aims to delve into the intricacies of this petition, explaining its purpose, procedure, and various types. Keywords: Colorado petition to probate lost will, legal process, last will and testament, detailed description, purpose, procedure, types. 1. Purpose of the Colorado Petition to Probate Lost Will: The Colorado Petition to Probate Lost Will serves the purpose of legally validating and executing a missing last will and testament according to the intent of the deceased individual. As valuable assets and distribution plans are often outlined in a will, this petition ensures a fair and lawful distribution in the absence of the original document. 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By understanding the purpose, procedure, and types of this petition, individuals can navigate through this legal procedure effectively. Keywords: Conclusion, legally significant process, distribution of assets, adherence to intentions, missing original will, understanding, navigate effectively.Title: Understanding the Colorado Petition to Probate Lost Will: A Comprehensive Guide Introduction: The Colorado Petition to Probate Lost Will is an essential legal process designed to address situations where a last will and testament cannot be located. This detailed description aims to delve into the intricacies of this petition, explaining its purpose, procedure, and various types. Keywords: Colorado petition to probate lost will, legal process, last will and testament, detailed description, purpose, procedure, types. 1. 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