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.
Illinois Petition to Probate Lost Will: A Comprehensive Guide In the state of Illinois, handling legal matters surrounding a lost or missing will, can be a complex process. One of the necessary steps in such circumstances is filing an Illinois Petition to Probate Lost Will. This article will provide a detailed description of what this petition involves and shed light on the different types of petitions that can be filed in Illinois for probating a lost will. What is an Illinois Petition to Probate Lost Will? An Illinois Petition to Probate Lost Will is a legal document filed with the probate court of the appropriate jurisdiction when the original will of a deceased person cannot be located. The purpose of this petition is to request the court's intervention in allowing the estate to be administered in the absence of the original will. Key Elements for Filing an Illinois Petition to Probate Lost Will: 1. Petitioner Information: The petitioner, typically a family member or someone with an interest in the estate, must provide their name, address, and relationship to the deceased. 2. Allegations of the Lost Will: The petitioner must outline the circumstances of the loss of the will and provide a detailed explanation as to why a copy or other evidence is being submitted to the court instead of the original will. It is crucial to provide as much information as possible about the contents and terms of the lost will. 3. Notification of Interested Parties: The petitioner must identify and notify all interested parties, including heirs, beneficiaries, and creditors, of the intention to file the petition. This is done to allow these parties an opportunity to contest the admission of the lost will or raise any objections. 4. Supporting Evidence: The petitioner must submit any available evidence that supports the existence and terms of the lost will. This can include witness statements, affidavits, or any other relevant documentation that can help establish the validity of the document. Different Types of Illinois Petition to Probate Lost Will: 1. Illinois Petition to Probate Lost Will with Copy: In this scenario, the petitioner possesses a copy of the lost will, which can help establish the contents and intentions of the deceased. This copy is then presented to the court as supporting evidence. 2. Illinois Petition to Probate Lost Will with Other Evidence: When a copy of the lost will is not available, the petitioner can rely on alternative forms of evidence to establish the terms of the will. This may include witness testimony, financial records, or even prior versions of the will if available. 3. Illinois Petition to Probate Lost Will as a Holographic Will: If the lost will is believed to be a holographic will, meaning it was handwritten and signed by the testator, the petitioner must provide evidence of the handwriting and intent to create a valid will. The court will carefully evaluate this evidence to determine the validity of the lost will. In conclusion, an Illinois Petition to Probate Lost Will is a vital legal tool in cases where a will has gone missing. By following the necessary steps and providing compelling evidence, the petitioner can seek the court's assistance in administering the estate and protecting the deceased's intentions.
