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.
Kansas Petition to Probate Lost Will: A Comprehensive Guide Introduction: In the state of Kansas, when a will is lost, destroyed, or otherwise rendered unavailable, interested parties can file a Petition to Probate Lost Will. This legal document is designed to initiate the probate process and allow for the administration of an estate when the original will cannot be produced. It is crucial to understand the intricacies of this procedure and the types of Kansas Petition to Probate Lost Will that exist. Types of Kansas Petition to Probate Lost Will: 1. Petition to Probate Lost Will with Copy: This type of petition is filed when a copy of the lost will is available. However, it is important to note that Kansas courts hold a strong presumption against accepting a copy as the true and valid representation of the lost will. The evidence must be compelling and meticulous documentation is required to support the authenticity of the copy. 2. Petition to Probate Lost Will with Evidence: When the original will is lost, destroyed, or cannot be located, this type of petition can be filed. However, the petitioner must present substantial evidence in order to persuade the court of the will's existence, contents, and validity. Such evidence may include witnesses, affidavits, letters, or any other relevant documentation that can establish the existence and provisions of the lost will. 3. Petition to Probate Lost Will as a Lost or Destroyed Will: In some cases, a petitioner might be unable to provide a copy or substantial evidence of the lost will. In such instances, the petitioner can request the court to treat the lost will as "lost or destroyed" under Kansas law. This requires demonstrating genuine efforts to locate the original will, such as contacting the deceased's attorney or searching their personal effects. Additionally, it is essential to show that the testator did not intend to revoke the will and that its terms are provable by clear and convincing evidence. Procedure of Filing a Petition to Probate Lost Will in Kansas: 1. Gathering relevant information: Compile all necessary information related to the lost will, including the testator's name, date of death, and details regarding potential beneficiaries and interested parties. 2. Consult an attorney: Given the complexity of probate proceedings and establishing the legitimacy of a lost will, it is advisable to consult with an experienced probate attorney. They will provide guidance and help navigate the legal process smoothly. 3. Draft and file the Petition: Prepare a detailed Petition to Probate Lost Will, ensuring it includes all necessary information and supporting evidence. File the document with the appropriate Kansas probate court in the county where the decedent resided. 4. Publish notice: Publish a notice in a local newspaper, as required by Kansas probate law, that alerts potential heirs and interested parties about the pending probate of the lost will. This provides an opportunity for anyone with objections or information regarding the will's existence to come forward. 5. Attend the hearing: Once the petition is filed, the court will schedule a hearing. Attend the hearing, present the evidence supporting the existence and contents of the lost will, and respond to any questions or objections raised by interested parties. Conclusion: Filing a Petition to Probate Lost Will in Kansas can be a complicated process, requiring substantial evidence and careful documentation. Understanding the different types of petitions and following the appropriate procedures is essential. Seeking professional legal advice ensures a smoother probate process and increases the chances of successfully probating a lost will in Kansas.
