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 Kentucky Petition to Probate Lost Will is a legal document filed with the court to request the probate of a lost or missing will. This petition is filed by interested parties who believe that a will was executed but cannot locate the original copy. By filing this petition, individuals seek to have the court recognize and administer the terms of the lost will. The process of filing a Kentucky Petition to Probate Lost Will involves several steps. The petitioner, typically a family member, beneficiary, or executor named in a previous version of the will, must gather evidence and provide supporting documents to the court to substantiate the existence and contents of the lost will. Relevant keywords associated with this process may include: 1. Kentucky probate laws: Understanding the specific probate laws applicable in Kentucky is crucial to successfully filing the petition. Knowledge of these laws will help ensure compliance and guide the petitioner through the process. 2. Petition for probate of lost will: This is the specific document that the petitioner prepares and files with the court. It outlines the reasons for believing a will existed and provides any available evidence supporting this claim. 3. Affidavit: The petitioner may need to submit an affidavit along with the petition, which is a sworn statement detailing the circumstances of the loss of the will and any efforts made to locate it. The affidavit strengthens the petition's credibility. 4. Supporting evidence: Any evidence that can establish the existence and contents of the lost will should be included. This may involve testimonies from witnesses, copies of prior versions of the will, or other relevant documentation. 5. Notice to interested parties: Once the petition is filed, the court requires the petitioner to provide notice to all interested parties, such as beneficiaries named in the lost will or other individuals who may have an interest in the estate. This ensures that all parties are aware of the petition and have an opportunity to respond. Different types of Kentucky Petition to Probate Lost Will may include: 1. Self-proving will: If the lost will was self-proving, meaning it was signed by the testator and witnesses in the presence of a notary public, the process of probate becomes relatively easier. The court will rely on the notarized self-proving portion of the will, reducing the need for additional evidence. 2. Holographic will: If the lost will was a holographic will, which is a will written entirely in the handwriting of the testator, it may be more challenging to prove its authenticity. Additional evidence might be required to demonstrate the testator's intent and validity. It is important to consult with an attorney experienced in probate matters when filing a Kentucky Petition to Probate Lost Will. The attorney can guide the petitioner through the process, provide legal advice, and help gather all necessary evidence to make a compelling case in court.
